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2010-03-16 Packet4P k CITY OF ALAMEDA CAL IFORNIA SPECIAL JOINT MEETING OF THE CITY COUNCIL ALAMEDA REUSE AND REDEVELOPMENT AUTHORITY ARRA) AND COMMUNITY IMPROVEMENT COMMISSION TUESDAY -MARCH 162010 -6:00 P.M. Location: Cit Council Chambers Conference Room, Cit Hall, corner of Santa Clara Avenue and Oak Street 1. 2. 3. Roll Call Cit Council, ARRA, CIC Public Comment on A Items Onl An wishin to address the Council /Board /Commission an a items onl ma speak for a maximum of 3 minutes per item Adjournment to Closed Session to consider: C ity Council 3-A. CONFERENCE WITH LABOR NEGOTIATORS Agenc ne Interim Cit Mana and Human Resources Director Emplo or Alameda Fire Mana Association, Alameda Police Mana Association and Executive Mana City Council/ARRA/CIC 3-B. CONFERENCE WITH REAL PROPERTY NEGOTIATOR Propert Alameda Point Negotiatinq Parties- Cit of Alameda, ARRA, CIC, SunCal, Nav Under Ne Price and terms of pa 4. Announcement of Action Taken in Closed Session, if an 5. Adjournment —Cit Council Beverl J 'n 4 y or Chair, AR19Raynd C r s f CITY OF ALAMEDA CALIFORNIA 1j Q ANNUAL MEETING OF THE ALAMEDA PUBLIC FINANCING AUTHORITY APFA TUESDAY MARCH 1 6 20'1 D 6.66 P.M. Location council chambers, City Hall, corner of Santa Clara Avenue and Oak Street. Public Participation Anyone wishing to address the Board on agenda items or business introduced by Board Members may speak for a maximum of 3 minutes per agenda item when the subject is before the Board. Please file a speaker's slip with the Assistant city clerk if you wish to speak on an agenda item. PLEDGE OF ALLEGIANCE 1 Roll call APFA 2. Minutes 2 -A. Minutes of the Annual APFA Meeting of March 17, 2009. (City clerk) 3. Agenda Items None 4. Oral Communications (Public Comment) Any person may address the Board in regard to any matter over which the Board has jurisdiction or of which it may take cognizance that is not on the agenda 5. Board Communications (Communications from the Board) 6. Adjournment APFA -F C% Rr�� 4 -i 1sx`1 CITY OF ALAMEDA •CALIFORNIA IF YOU WISH TO ADDRESS THE COUNCIL: 1. Please file a speaker's slip with the .Assistant City Clerk and upon recognition by the Mayor, approach the podium and state your name; speakers are limited to three (3) minutes per item 2. Lengthy testimony should be submitted in writing and only a summary of pertinent points presented verbally 3. Applause and demonstration are prohibited during Council meetings AGENDA REGULAR MEETING OF THE CITY COUNCIL TUESDAY MARCH 16,2010 7:00 [Note: Regular Council Meeting convenes at 7 :00 pm, City Hall, Council Chambers, corner of Santa Clara Avenue and Oak Street] The Order of Business for City Council Meeting is as follows: 1. Roll Call 2. Agenda Changes 3. Proclamations, Special Orders of the Day and Announcements 4. Consent Calendar 5. City Manager Communications 6. Regular Agenda Items 7. Oral Communications, Non Agenda (Public Comment) 8. Council Referrals 9. Council Communications (Communications from Council) 10. Adjournment Public Participation Anyone wishing to address the Council on agenda items or business introduced by Councilrnembers may speak for a maximum of 3 minutes per agenda item when the subject is before Council. Please file a speaker's slip with the Assistant City Clerk if you wish to address the City Council. SPECIAL JOINT MEETING OF THE CITY COUNCIL, ALAMEDA 0 :00 P.M. REUSE AND REDEVELOPMENT AUTHORITY, AND COMMUNITY IMPROVEMENT COMMISSION, COUNCIL CHAMBERS CONFERENCE Rood Separate Agenda (Closed Session) ANNUAL MEETING OF THE ALAMEDA PUBLIC FINANCING 0:55 P.M. AUTHORITY, CITY COUNC =IL CHAMBERS Separate Agenda SPECIAL JOINT MEETING OF THE CITY COUNCIL, ALAMEDA 7 :01 P.M. REUSE AND REDEVELOPMENT AUTHORITY, AND COMMUNITY IMPROVEMENT COMMISSION, CITY COUNCIL CHAMBERS 1 ROLL CALL City council 2. AGENDA CHANGES 3. PROCLAMATIONS SPECIAL ORDERS OF THE DAY ANNOUNCEMENTS 3 -A. Proclamation Declaring March 14 through March 21, 2010 as Women's Military History Week. 3 -B. Proclamation Declaring March 21 through March 27, 2010 as Boys and Girls Club Week. 4. CONSENT CALENDAR Consent calendar items are considered routine and will be enacted, approved or adopted by one motion unless a request for removal for discussion or explanation is received from the council or a member of the public 4--A. Minutes of the special Joint city council and Public Utilities Board Meeting held on February 25, 2010 and the Special and Regular city council Meetings held on March 2, 2010. (City clerk) 4 -B. Bills for Ratification. (Finance) 4 -C. Recommendation to Award Three -Year Contract for Professional Audit Services to Maze &Associates. (City Manager) 4 -D. Recommendation to Approve the Purchase and Installation of a New Voice Over Internet Protocol Hosted Telephone System from AT &T in an Amount Not to Exceed $500,000. (City Manager) 4 -E. Adoption of Resolution Authorizing the Interim city Manager to File an Application for Federal Jobs for Main street Act of 2010 Funding for the Harbor Bay Parkway Rehabilitation Project and stating the Assurance to complete the Project. (Public; Works) 4 -F. Introduction of Ordinance Amending Sections 30 -37.6 of the Alameda Municipal Code Related to Design Review Approval Expiration and Extension. (Community Development) 5. CITY MANAGER COMMUNICATIONS (Communications from City Manager) 5 -A. Alameda and contra costa county city Managers' Proposal for Regional Pension Reform 5 -B. Kemper Sports Inc. Presentation chuck Corica Golf course Vision concept 6. REGULAR AGENDA ITEMS 6 -A. Public Hearing to Consider a Call for Review of the Planning Board's Modification of a Use Permit for Extended Hours of operation at the Kohl's Store Located at 2201 South Shore Center, and Adoption of Related Resolution. [Continued from March 2, 2010] (Community Development) 6 -13. Public Hearing to Consider Introduction of an Ordinance Amending the Alameda Municipal Code by Adding Subsection 30 -5.15 (Medical Marijuana Dispensaries) to Section 30 -5 (General Provisions and Exceptions) to Chapter XXX (Development Regulations, Article 1 Zoning Districts and Regulations) to Prohibit the Operation of Medical Marijuana Dispensaries in the City of Alameda. (Community Development) 6 -C. Public Hearing to Consider Introduction of an ordinance Amending Sections 30- 36 and 30 -37 of the Alameda Municipal Code Related to Design Review and Section 30 -6 Related to Signs and Related Amendments to the Guide to Residential Review and the Webster Street Design Manual. [To be continued to April 6, 2010] (Community Development) 6 -D. Adoption of Resolution opposing Proposition 16, the "New Two- Thirds vote Requirement for Local Public Electricity Providers Initiative Constitutional Amendment." [Continued from March 2, 2010] (Alameda Municipal Power) 6 -E. Recommendation to Accept the Report on Potential Operation of the Mif Albright Course by allon- Profit and Hear a Presentation by Alameda Junior Golf on Potential Lease and Operation of the Mif Albright Course. (Golf) 6 -F. Recommendation to Authorize the Interim City Manager to Enter into Negotiations with Kemper Sports Management for the Long -Term Management and Operation of the Chuck Corica Golf Complex. [Continued from March 2, 2010] (Golf) 6 -G. Adoption of Resolution Supporting Google Fiber to Communities Initiative and Authorizing the City Manager to Designate a Single Point of Contact and to Establish a Google Streamlining Task Force for the Project. (City Manager) 7. ORAL COMMUNICATIONS NON AGENDA (Public Comment) Any person may address the Council in regard to any matter over which the Council has jurisdiction or of which it may take cognizance, that is not on the agenda 8. COUNCIL REFERRALS Matters placed on the agenda by a Councilmember may be acted upon or scheduled as a future agenda item 8 -A. Consider Pursing the Establishment of a Task Group to Promote, Market and Support Businesses, Educational and Technology Resource Opportunities. [Continued from March 2, 2010] (Vice Mayor deHaan) 9. COUNCIL COMMUNICATIONS (Communications from Council) Councilmembers can address any matter, including reporting on any Conferences or meetings attended 10. ADJOURNMENT City Council Materials related to an item on the agenda are available for public inspection in the City clerk's office, City Hall, Room 380, during normal business hours Sign language interpreters will be available on request. Please contact the city clerk at 747 -4800 or TDD number 522 -7538 at least 72 hours prior to the Meeting to request an interpreter Equipment for the hearing impaired is available for public use. For assistance, please contact the city clerk at 747 -4800 or TDD number 522 -7538 either prior to, or at, the council Meeting Accessible seating for persons with disabilities, including those using wheelchairs, is available 0 Minutes of the meeting available in enlarged print Audio Tapes of the meeting are available upon request Please contact the City clerk at 747 -4800 or TDD number 522 -7538 at least 48 hours prior to the meeting to request agenda materials in an alternative format, or any other reasonable accommodation that may be necessary to participate in and enjoy the benefits of the meeting Vii. 401 CITY OF ALAMEDA C ALIFORNIA SPECIAL JOINT MEETING OF THE CITY COUNCIL ALAMEDA REUSE AND REDEVELOPMENT AUTHORITY (ARRA AND COMMUNITY IMPROVEMENT COMMISSION TUESDAY MARCH 16, 201 7:01 P.M. Locat Cit Council Chambers, Cit Hall, corner of Santa Clara Ave and Oak Street Public Participation An wishin to address the Council/Board /Commission on a items or business introduced b the Council/Board/Commission ma speak for a maximum of 3 minutes per a item when the subject is before the Council/Board/Commission. Please file a speaker's slip with the Assistant Cit Clerk if y ou wish to speak. I ROLL CALL Cit Council, ARRA, CIC 2. MINUTES 2-A. Minutes of the Special CIC Meetin Held on March 3, 2010. [CIC] (Cit Clerk) 3. AGENDA ITEM 3-A. Consider SunCal's Re for 60-Da Tollin Period re Notice of Default Issued b Alameda on Februar 4, 2010. [Cit Council, ARRA, CIC Cit y Mana 4. ADJOURNMENT Cit Council, ARRA, CIC everl Jo s a r Chair, ARR d IC UNAPPROVED T R Y TT 'T' fT1 '7"`Y /'Y /'t 7^7 3Tl T T TZ T A 'r TT 'T A "T" '71 "Y" T T R T""'F "11 YS Y Try Y T I'V r[ T z t t 'r r+� mow• ti w r TUESDAY MARCH 17, 2009 7:25 P.M. Chair Johnson convened the Annual Meeting at 7:50 p.m. Board Member Gilmore led the Pledge of Allegiance. ROLL CALL Present: Board Members deHaa.n, Gilmore, Matarrese, Tam, and Chair Johnson 5. Absent: None. (09- Minutes of the Annual APFA Meeting of March 18, 2008; Special Joint City Council APFA and Alameda Reuse and Redevelopment Authority Meeting of June 17, 2008; and the Special City Council and APFA Meeting of November 18, 2008. Approved. Board Member Tam moved approval of the minutes. Board Member Gilmore seconded the motion, which carried by unanimous voice vote 5. Agenda Items None. Oral Communications None. Board Communications None. Adjournment There being no further business, Chair Johnson adjourned the Annual Meeting at 7:52 p.m. Respectfully submitted, Lara weisiger Secretary The agenda for this meeting was posted in accordance with the Brown Act. Annual Meeting Alameda Public Financing Authority March 17, 2009 W11ERFAS, from the days of the American Revolution to the current global war on terror, women P served this country; and W11EIZEAS many women have been wounded and some have paid the ultimate sacrifice for service to country; and W11FIZEAS California is home to 167;000 women veterans; and WHEREAS, women are the fastest growing _group within the veteran population, doubling in numbers within the last 30 years; and Wf(EIZEAS, wome are la in are 'increasi im ortant role in all branches I� Y g g of the military, with 14%. of active duty soldiers now bein g women, and WHEIZEAS women have selflessly fought for America's liberties and defended its way of life. NOW 7WEREFORE, BE 17'1ZESO LVED that I, Beverly J. Johnson, Mayor of the City of Alameda, do hereby express my thanks to women in the military who have served honorably and courageously in all campaigns, and proclaim March 14 -21, 2010 as in the city of Alameda and urge residents to join me in thanking all women who have served and are now serving the nation as members of the United States Armed Forces. Be erl Joh son ayor City council Agenda item #3 -A 03 -16-10 W�ERFAS, the youth. of Alameda, California, are tomorrow's leaders, and W9EREAS many of our youth, need professional services to cope with a wide range of social, domestic,, and financial hardships; and WHEREAS, the Boys &Girls Club organization in Alameda provides services to more than 200 youth annually; and WliEREAS the :Boys &Girls Clubs are at the forefront of efforts to .promote character and leadership 'development; education and career development; health and life skills; the arts; sports; fitness, and recreation; substance abuse prevention;- delinquency prevention and literacy programs; and W9EIZEAS the Boys, &Girls Club organizations in our state ensure that our youth are offered a safe and supportive home away from home, providing them with quality support services and recreational programs;, and WHEREAS the Boys &Girls Club of Alameda will celebrate National Boys Girls Club Week 2010 with some 3,700 clubs nationwide, serving more than 4.5 million youth. NOW 7WEREFORE, 13E Ir RESOLVED that I, Beverly j. Johnson, Mayor of the City of Alameda, do hereby proclaim March 21 through March 27, 2010, as O crbk C UAI)- W eek in the City of Alameda and call on the residents of Alameda to join me in recognizing and commending the Boys &Girls Club organizations in our state for providing comprehensive and effective services to the youth in our communities. Jo sore ayor city council Agenda a Item #3 -S 03,4640 UNAPPROVED MINUTES OF THE SPECIAL JOINT C ITY C OUNCIL AND PUBLIC UTILITIES BOARD PUB MEETING THURSDAY- FEBRUARY 25 2010- -7:00 P.M. Mayor Johnson convened the joint meeting at 7:00 p.m. Roll Call Present: Councilmembers deHaan, Gilmore, Matarrese and Mayor Johnson; and Board Members Board Members Gallant, Hamm, Holmes, Mccahan, McCormick 9. Note: Board Member McCahan will be present via teleconference from 78 -0800 Alii Drive #3, Kailua -Kona, HI 90740 and Board Member Hamm will be present via teleconference from Sheraton Read House Hotel, 827 Broad Street, Chattanooga, TN 37402 Absent: Councilmember Tam 1. The joint meeting was adjourned to Closed Session to consider: 10- CC/PUB Conference with Legal Counsel Existing Litigation;. Significant Exposure to Litigation Pursuant to Subdivision (b) of Section 54950 Name of Cases: Vectren Communication Services v. City of Alameda, Acting By and .Through Alameda Municipal Power; Bernard A. Osher, Trustee v. City of Alameda, et al; City of Alameda on Behalf of Itself and Alameda Municipal Power, et al v. Nuveen Municipal High Income opportunity Fund, et al. Fallowing the Closed Session, the joint meeting was reconvened and Mayor Johnson announced that the Council /Board received a briefing from their litigation counsel on the status of the trial and provided direction. Adjournment There being no further business, Mayor Johnson adjourned the joint meeting at 8:50 p.m. Respectfully submitted, Lara Weisiger City Clerk The agenda for this meeting was posted in accordance with the Brown Act, Special Joint Meeting Alameda City Council and Public Utilities Board February 25, 2010 UNAPPROVED MINTUES OF THE SPECIAL CITY COUNCIL M EETING TUESDAY- 2 2010- --6:15 P.M. Acting Mayor Matarrese convened the meeting at 6:15 p.m. Roll Call Present: Councilrnernbers Gilmore, Tara and Acting Mayor Matarrese —3. Absent: vice Mayor deHaan and Mayor Johnson 2. The meeting was adjourned to Closed Session to consider: (10- conference with Labor Negotiator; Agency negotiators: Interim city Manager and Human Resources Director; Employee organizations: Alameda Police officers Association Non Sworn Unit, Alameda Police Managers Association and Alameda Fire Managers Association. (10- Liability Claims (54956.95); Claimant: Port of Oakland; Agency Claimed Against: City of Alameda. Following the closed Session, the meeting was reconvened and Acting Mayor Matarrese announced that regarding Labor, the council received a briefing on the Non Sworn Police officers Association negotiations from the Labor Negotiator; no action was taken; and regarding Liability Claims, the council received a briefing from Legal Counsel regarding a claim from the Port of Oakland; the council provided direction to Legal counsel regarding settlement parameters. Adjournment There being no further business, Acting Mayor Matarrese adjourned the meeting at 0:30 p.m. Respectfully submitted, Lara Weisiger City clerk The agenda for this meeting was posted in accordance with the Brown Act. Special Meeting Alameda city Council March 2, 2010 UNAPPROVED MINU TES OF THE REGULAR CITY COUNCIL MEETING TUESDAY- -MARCH 2 2010- -7:00 P.M. Acting Mayor Matarrese convened the meeting at 7:02 p.m. Councilmember Tarn led the Pledge of Allegiance. ROLL CALL Present: Councilmernbers Gilmore, Tara and Acting Mayor Matarrese 3. Absent: Vice Mayor deHaan and Mayor Johnson 2. AGENDA CHANCES 10- Acting Mayor Matarrese moved approval of continuing the Public Hearing [paragraph no. 10_ 1, the Recommendation to Authorize the Interim City Manager [paragraph no. 10- 1, and Council Referral [paragraph no. 10_ 1 to March 16, 2010. Councilmember Gilmore seconded the motion, which carried by unanimous voice vote 3. [Absent: Vice Mayor deHaan and Mayor Johnson 2.] PROCLAMATIONS SPECIAL ORDERS OF THE DAY ANNOUNCEMENTS (10- )Proclamation Declaring April through June 2010 as Historic Preservation Season. Acting Mayor Matarrese read and presented the proclamation to Judith Lynch, Historical Advisory Board. Ms. Lynch provided a handout; thanked Council for the proclamation; introduced Nancy Hurd, Alameda Architectural Preservation Society and Robbie Dileo, Alameda Museum. Ms. Dileo stated the Alameda Museum has been collecting and preserving artifacts for over fifty years; the Kids and Queen Victoria exhibit will be held on May 1 St Councilmember Gilmore will be presenting the Queen. (10- Proclamation Declaring March 2010 as American Red Cross Month. Acting Mayor Matarrese read and presented the proclamation to Helen Knudson, Leadership Council for the American Red Cross, Bay Area Chapter. Ids. Knudson thanked Council for the proclamation and ongoing partnership and support; stated March 13 is CPR Saturday. Acting Mayor Matarrese inquired hoer the community can help the Red Cross with efforts to help Chile. Regular Meeting Alameda City Council March 2, 2010 Ms. Knudson responded currently, nothing has been set up for Chile; stated the Red Cross has a very strong chapter in Chile; Chile has strong building standards; teams will be sent to study what has and has not worked; more information will be provided within a month or so. CONSENT CALENDAR Acting Mayor Matarrese announced that the Resolution Authorizing the Interim City Manager [paragraph no. 10_ 1 and Resolution Opposing Proposition 16 [paragraph no. 10- 1 were removed from the Consent Calendar for discussion. Councilrnember Tam moved approval of the remainder of the Consent Calendar. Councilmember Gilmore seconded the motion, which carried by unanimous voice vote 3. [Absent: Vice Mayor deHaan and Mayor Johnson 2.] [Items so enacted or adopted are indicated by an asterisk preceding the paragraph number.] *10- Minutes of the Special Joint City Council, Alameda Reuse and Redevelopment Authority and Community Improvement Commission Meetings and the Regular City Council Meeting held on February 16, 2010. Approved. *10- Ratified bills in the amount of $2,996,818.63. *10- Recommendation to Accept the Quarterly Treasurer's Report for the Period Ending December 31, 2099. Accepted. (*10- Recommendation to Accept the Quarterly Sales Tax Report for the Period Ending September 30, 200. Accepted. *10- )Recommendation to Approve the City of Alameda Investment Policy. Accepted. *10- Recommendation to Approve a $74,996 Change order to a $570,160 Contract with Designed Mobile Systems Industries, Inc. for a Total Contract Amount of $645,156 for Construction of the Bayport Community Building. Accepted. *10- Recommendation to Award Contract in the Amount of $400,531, Including Contingencies, to Gallagher Burk, Inc. for the Buena vista Avenue Street Rehabilitation Project, No. P.W. 02- 09 -05. Accepted. *10- Recommendation to Award Contract in the Amount of $613,928, Including Contingencies, to Suarez Munoz Construction, Inc. for the Webster Street/Wilver "Willie" Stargell Avenue Intersection Project Landscape and Irrigation Improvements, No. P.W. 06- 09 -18. Accepted. (10- Resolution No. 14427, "Authorizing the Interim City Manager to Approve Fund Regular Meeting Alameda City council 2 March 2, 2010 Pass Through Agreement Between the San Francisco Bay Area Rapid Transit District and the City of Alameda to Receive $1,668,154 in Federal Transit Administration Funds for the Transit and Access Plan and implementation of Shuttle Service Improvements, and Authorize the Use of $95,178 from Alameda Reuse and Redevelopment Authority Funds as Matching Funds for the First Phase of the Project." Adopted. The Supervising Civil Engineer gave a brief presentation. Councilmember Tara stated Alameda Transit Advocates' letter notes that the City's long -range Transit Plan is out of date; inquired why the Transportation Commission has not met for the last seven months and whether the Transportation Commission could have done some work to update the Transit Plan. The Supervising Civil Engineer responded last year, the Transportation Commission established a Subcommittee to work on the policy aspect of the Transit Plan; stated the Transportation Commission has acknowledged that the Transit Plan needs to be updated; the subcommittee met a couple of times last year. Councilmember Tam inquired whether the subcommittee met over the last Seven months. The Supervising Civil Engineer responded that he does not know; stated staff will provide Council with an off Agenda Report. Councilmember Tam inquired when the Transportation Commission would meet to discuss the best use of the pass through funding, to which the Supervising Civil Engineer responded the third Wednesday of the month. Councilmember Tam requested that staff respond to whether the 2005 Metropolitan Transportation Commission (MTC) study is available and can be made available on line. The Supervising Civil Engineer stated the 2005 Station Area Plan will be reviewed; staff is not intending to ignore anything; all studies will be reviewed moving forward; internet access is available for Alameda Point studies. Acting Mayor Matarrese stated an explanation should be provided if the link from the Alameda Point website to the studies is not there. Councilmember Tam moved approval of the staff recommendation. Councilmember Gilmore seconded the motion, which carried by unanimous voice vote 3. [Absent: Vice Mayor deHaan and Mayor Johnson 2.] 10- Adoption of Resolution opposing Proposition 16, the "New Two- Thirds Vote Requirement for Local Public Electricity Providers Initiative Constitutional Amendment. Regular Meeting Alameda City Council 3 March 2, 2010 Not adopted. Councilmember Tam stated that she will recuse herself from the item. Acting Mayor Matarrese moved approval of continuing the item to the March 16, 2010 Council meeting. Councilmember Gilmore seconded the motion. Under discussion, Councilmember Gilmore stated that she would still like to hear an explanation of the proposition tonight and again at the next meeting. The Alameda Municipal Power (AMP) General Manager gave a brief presentation. Acting Mayor Matarrese inquired whether voter approval would be needed from people within transmission line areas if Alameda procures power that has to go through [new] transmission lines. The AMP General Manager responded voter approval would be .needed to build new transmission lines; stated load is growing; eventually, public power systems will need to build new transmission lines; Alameda should be fine serving Alameda Point within the existing service territory; however, not everyone is taking the same viewpoint; some people think that [Proposition 16's impact on] service within a city is unclear. Councilmember Gilmore inquired whether the proposition is directed to municipal power companies. The AMP General Manager responded the proposition is not only directed to existing municipal power companies .who may be entrusted in expanding service territories. but also include entities such as Marin county, which has undertaken.. efforts to create a community choice aggregation system. Councilmember Gilmore inquired whether the proposition would make things more difficult for government entities to either make it in business or expand, to which the AMP General Manager responded in the affirmative. Councilmember Gilmore inquired whether the proposition would not place any restraints on investor -owned companies. such as Pacific Gas and Electric (PG &E), to which the AMP General Manager responded in the affirmative. Councilmember Gilmore inquired whether competing with entities such as PG &E would be harder for municipalities and government -owned power companies if Proposition 16 passes]. The AMP General Manager responded in the affirmative; stated AMP does not compete head -to -head; annexations occur at green field site areas and would be a place for Regular Meeting Alameda City Council 4 March 2, 2010 competition; competition would be limited because fewer entities would be able to participate in the wholesale power market. Acting Mayor Matarrese inquired what would the ambiguities [within the Proposition language] do to rates. The AMP General Manager responded that he cannot see rates going down; stated predicting the impact would be difficult; the proposition would limit the City's flexibility to access resources. Acting Mayor Matarrese inquired whether the initiative would be explained in "The Flash" flyer that accompanies bills, to which the City Attorney responded a factual explanation could be included. Acting Mayor Matarrese inquired whether Council could have a full discussion on the matter when a full Council is present. The City Attorney responded in the affirmative; stated the full presentation would( be repeated and will afford a better discussion with the community. Acting Mayor Matarrese stated the matter would be continued to March 16, 2010. *1O- Resolution No. 14288 "Approving Revised Memorandum of understanding Between the Alameda Police officers Association Non -Sworn Unit and the city of Alameda for the Period Commencing December 20, 2009 and Ending December 18, 2010." Adopted. CITY MANAGER COMMUNICATIONS (10- America's Cup The Interim City Manager gave Power Point presentation. Spea kers: Andy McKinley, Alameda; Michael Britt; William Williford, Rock wall Winery; Tire Leathers, Alarnar Marinas; Melody Marr, Chamber of Commerce; Kathy Moehring, West Alameda Business Association (WABA); Robb Ratto, Park street Business Association (PSBA); Bob Naber; Stephen Crogon and Plato Wang. Acting Mayor Matarrese stated Alameda has shore side facilities and expertise to handle the boats. Mr. Naber stated that he has been sailing out of Alameda for approximately thirty years; that he gathered material for Council review; the Interim City Manager knows how to contact him if Council has any questions. The Interim City Manager stated the first goal is to bring the Cup to San Francisco; only Regular Meeting Alameda City Council 5 March 2, 2010 the Bay Area and Rhode Island have submitted proposals; the city will do everything possible to help San Francisco be successful; the city will end up ginning as well. Acting Mayor Matarrese stated council is extremely supportive; thanked everyone who participated in the effort. Councilmernber Gilmore thanked everyone; stated people know the type of things the City can accomplish. Councilmember Tam expressed her appreciation; stated that she is impressed with the community enthusiasm; Alameda has five Councilmembers, less bureaucracy, more streamlining, and great community support. (10- Google Request for Information The Deputy city Manager Development Services gave a brief presentation. Speakers: Jinn Meyer, wirealarneda.org; Howard Ashcraft; John Michael Kyono, wirealarneda.org; Kathy Moehring, WABA; and Robb Ratto, 'SBA. Acting Mayor Matarrese inquired what is the timeline. The Deputy City Manager Development Services responded the City application and community applications need to be submitted b March 26 stated a press release will y pp y p be submitted; a resolution will be presented to council on March 16. Acting Mayor Matarrese inquired whether information will be posted on the website with a link to wirealameda.org. The Deputy City Manager Development Services. responded posting on the website would be a great idea; stated Google will make a selection before the end of the year; the impression is that Google would want to get started right away and implement the entire deployment within six or twelve months. Councilmember Gilmore stated video game players would benefit; having 3 -D models of building plans would be great; accessing the internet at peak times without a decrease in speed would be nice; encouraged everyone to think outside the box. Councilmember Tam stated that she attended the committee meeting organized by Mr. Ashcraft and Mr. Mayer; the city is shovel ready, maritime ready, and now wireless ready; people at Google have no patience for bureaucracy; that she served on the Alameda Hospital Board with Ms. Ezzy Ashcraft and was always looking for ways to save money; health care imaging creates huge opportunities for hospitals; that she looks forward to having a robust, successful application. Acting Mayor Matarrese thanked everyone for. moving fast and decisively on the matter; Regular Meeting Alameda city Council 6 March 2, 2010 stated opportunities will be lost if the City having the application in by March 26 th website to publish a link to wirealameda.org. REGULAR AGENDA ITEMS is not first in line; that he looks forward to encouraged everyone who has a blog or (10- Public Hearing to Consider a Call for Review of the Planning Board's Modification of a use Permit for Extended Hours of operation at the Kohl's store Located at 2201 south shore Center, and Adoption of Related Resolution. Continued to March 16, 2010. (10- Recommendation to Authorize the Interim City Manager to Enter into Negotiations with Kemper Sports Management for the Long -Term Management and Operation of the Chuck Corica Golf Complex. Continued to March 16, 2010. ORAL COMMUNICATIONS NON AGENDA None. COUNCIL REFERRALS (10- Consider Pursing the Establishment of a Task Group to Promote, Market and Support Businesses, Educational and Technology Resource opportunities. Continued to March 16, 2010. COUNCIL CO (10- Councilrnernber Gilmore stated Alameda has been dragged into internet time and cannot afford to let things go through customary channels which needs to be kept in mind when interacting with the community; people's expectations have changed; people want things done yesterday, especially with businesses; when relocating, businesses want to know whether the area is business friendly and know how long it will take to get things from City Hall before the business can be opened. ADJOURNMENT There being no further business, Acting Mayor Matarrese adjourned the meeting at 8:46 P. M. Respectfully submitted, Lara Weisiger City Clerk The agenda for this meeting was posted in accordance with the Brown Act. Regular Meeting Alameda City Council 7 March 2, 2010 CITY OF ALAM E DA Memorandum To: Honorable Mayor and Members of the City Council From: Lisa Goldman Deputy City Manager Gate: March 11, 2010 Re: List of warrants for Ratification This is to certify that the claims listed on the attached check register and shown below have been approved by the proper officials and, in my opinion, represent fair and just charges against the City in accordance with their respective amounts as indicated thereon. Check Numbers ($175.00) 225324 Amount 226609 227028 1 835 9 00.52 V20127 V20278 $109,565.92 EFT 812 $1,083,771.32 EFT 813 $3132260,93 EFT 814 $5,550.82 EFT 815 $81479:54 EFT 816 $5,144.84 EFT 817 $549,461.25 EFT 818 $31;237:50 EFT 819 $348,847.25 EFT 820 $345,37 EFT 821 $2261503.17. EFT 822 $11,953.50. EFT 823 $5002000.00 EFT 824 $25,233.82 Void Checks: 226288 ($175.00) 225324 ($14 225666 ($16,620.94) 226601 ($26 224661 ($6,928.07) 225592 ($318,70.52) 214252 ($863.74) GRAND TOTAL $5 Respectfully submitted, Deputy City Manager B #4_g Council Warrants 43116/10 3!1612014 O H. 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a�D E-1 U0 x H00 W o E-i r. x o w u 0W E-i P W� h0 0U rx U N 1244 H F� Ei W oo A H U p rl r-i W H r-4 r.4 Cl)A o0 �x x mrn U E-i U oo w W ox U rn �H W rn Ha U U F� W D4 al U a H w 6 0 0 z a W H FI' rn U rn� o o E-i z N P4 0 W a a E1 H z 04 pq 0 0r- U Xa 0 H rn W E1 U W a x rZ4 U fy, H a Uz x U z w 0P4 ra AA rx w W m a o, o, w >A EiF:� rnrn ww o m Ha F14 44 W W W fx z o WW H rn U 0 P o p� z U0 H C o) (j) 0 F� U 00 <KV, rnrn H HA Ei as 0) (3) Eq x0 PQ as w H W H H o di U U a 1 44 W U di 0 lD A H" P E1 1 z z (Y) 0 rx rx pg p4 cq 0) p H Co U W W qoo AA N� W u ONX DQ Fq D U A rx o NN NH F�H T4 U) 00 00 rnAN U) lz� w U 00 E1 E1 NP H H 0 U A w r U H 0 H H C� z a A co Ln d{ d' 0 w H E4 0 T-A 0 w Ei A ry E-1 W o o 00 0 o (Y) ra a Ln Ira m m m m 00 r� r* 1� r� C� r� t� r r r) rya rt) re) r) M 0 0 N Wa ti HH rn m (Y)( �10 al U E-{ rn rn W H H U) wa H R+ Q E-1 E-i 0 0 Q� =o CN o UU 0 Cl) CQ H H CV Q Q o 00 00 E E-1 00 W U] a�D CO E-1 UO U� 00 o rl x U H o0 U] W o E-i �x o w UU 0W N E-A W h0 0 fl� U E-1 04 H E-1W 00 A H U E-1 H H W F F:4 A 00 ro cv) U E-i U 0 0 f� W Ox U ,H W rn H� U a U (N W Q W U 44 H U U W H 0) U rn 0 o H 0 z W H z z w> �a E1M O 0 C U 0 H W E� x FA U a M U f a Q H W u w 0 04 m AA w A U ZW WA 00 Uz P T4 xw w pq W U (N CN H CN N 1 R' Q Q CD U U z H pi o U U H Q E-i U Z H W W U U H HA W as HEM U E-i Dx 0 co 99 cn CO W E-1 C�di E D� 9 AA U� H di H W Z U w �R; Cl) co rxrx w H A HH ww 00 a� Z O x �M 134 04 m oo E-1 1 W U as as as �7 wW E� x w0 a u A 'o ao 4F:4 1-1 E-1 4 F1 E-+ 44 H E-1 9H wU Lr) 00 00 00 co A p cn 4 w U m p p p E-{ E-1 E-1 H E� O U Q w I U H 0 H E-+ E� W 04 Q P� U U} 0 w H H 0 H r-i 0 W E� Q CITY of AL►A►MEDA Memorandum To: honorable Mayor and Members of the city council From: Ann Marie Gallant Interim City Manager Date: March 16, 2010 Re: Award a Three -Year contract for Professional Audit Services for the Fiscal Years Ending June 30, 2010, June 30, 2011 and June 30, 2012 to Maze Associates, With Two one -Year optional Extensions Subject to the Approval of the City Manager and the City Auditor 1 S] M01 The Alameda city charter Article IV, Section 4 -2, various financing covenants and rules associated with restricted funding sources require the City of Alameda to publish comprehensive financial statements presented in conformance with generally accepted accounting principles (GAAP) and audited by a firm of licensed. certified public accountants. Publication of the financial statements must be completed within six months of the close of the fiscal year. DISCUSSION Maze and Associates has provided auditing services to the city of Alameda since September 1990, when the city retained the firm to provide financial. reporting services for the three fiscal years ending June 30, 1990, 1991, .and .1992 (Exhibit 1). On January 6, 1993, the professional services contract was amended to provide auditing services for the fiscal years ending June 30, 1993, 1994, and 1995 (Exhibit 2). On February 8, 1995, it was again amended to expand the scope of services to include a management audit of the Chuck Corica Golf Complex (Exhibit 3). On December 0, 1995, the agreement was amended a third time to add the fiscal years ending June 30, 1990, 1997, and 1998 (Exhibit 4). Modification #3. also. noted that the agreement may be extended, upon mutual agreement of the parties, for an additional three years until 2001. In February 2005, the City agreed by letter. to extend the agreement through June 30, 2009 (Exhibit 5). Throughout the period 1990 -2009, Maze Associates and the city agreed via letter agreements on the specific services to be provided in a given fiscal year (Exhibit 0 city Council Agenda item #4 -C 03-16-1 Honorable Mayor and March 10, 2010 Members of the City Council Page 2 of 3 The Government Finance Officers Association GFOA), which is the premier local government association dedicated to identifying and developing financial "best practices," recommends that government agencies enter into multi -year agreements of at least five years in duration when obtaining the services of independent auditors. GFOA further recommends that government agencies "undertake a full -scale competitive process for the selection of independent auditors at the end of the term of each audit contract, consistent with applicable legal requirements." Engaging in a competitive process for audit services every five years not only ensures auditor independence but also brings a necessary "fresh set of eyes" to the financial statements. Given blaze and Associates' long tenure with the city, and GFOA's recommendation to seek new auditors through a competitive process approximately every five years, staff recommends that the City develop and issue a Request for Proposal (RFP) to select a new auditor. This process will require one year, including preparation of an RFP, issuance, proposal review, interviews, contract recornmendat and approval. In addition, 90 days will be needed to transition from the current auditor to a new auditor. Because a professionally prepared financial report requires an interim and year -end review of financial records, as well as significant research, documentation and review, it is not possible to conduct a competitive auditor selection process while still complying with the audit requirements for the current fiscal year and the next two fiscal years. For that reason, staff recommends contracting with Maze Associates to prepare the financial statements for the fiscal years ending..June 30, 2010 June 30, 2011, and June 30, 2012. This will allow City finance staff sufficient time to comply with its audit requirements, while proceeding with an RFP process in FY11 -12. Further, staff is now completing an RFP process for Alameda Municipal Power and the community Improvement Commission and Alameda Reuse and Redevelopment Authority. These two RFP processes should be completed before beginning an RFP process for Citywide financial reporting services. FINANCIAL IMPACT Maze and Associates proposes to charge $140,859 for FY09 -10 audit services, $144,879 for FY10 -11 and $149,225 for FY11 -12. The funds for this activity are budgeted and will be budgeted in the Finance Accounting Program #241 0 -01 030) for financial audits. RECOMMENDATION Award a three -year contract for professional audit services for the fiscal years ending June 30, 2010, June 30, 2011 and June 30, 2012 to Maze Associates, with two one year optional extensions subject to the approval of the city Manager and City Auditor. Honorable Mayor and Members of the City council Respectfully submitted, Lisa Goldman Deputy city Manager Approved as to funds and account, Evelyn Leuhg Interim Supervising Accountant March 16, 2010 Page 3 of 3 Exhibits I Maze Associates consultant Agreement dated September 18, 1990 2. Maze Associates Modification of Agreement dated January 6, 1993 3. Maze Associates Modification of Agreement #2 dated February 8, 1 995 4. Maze Associates Modification #3 of Agreement dated December 6, 1 995 5. Maze Associates letter agreement dated February 15, 2005 6. Maze Associates correspondence on file in the City clerk's office 7. blaze Associates Consultant Agreement dated March 17, 2010 cc. Kevin Kearney C ONSUL TANT.AGREEME THIS AGREEMENT, entered. int this d ay o f Sept. 1990 b and between CITY OF AliMEI]A, a raunicipai corporation (here referred to as "Cityll and Haze Associates w hose address is 1470 Maria Lane, Suite 200, Wa lnut .Creek, CA 9459 (h referred to as "Consultant is made ..with reference to the fol lowing: RECITALS Ae city is a municipal corporation. duly organized and validly existing under the laws of the State of California with the poorer to carry on its business as it i nor b e i n� or�duc ted under the statutes of the State of Cali fornia and the Charter of the-City. B. City and Consultant desire to eater into an agreement for prof ess ional audit services upon. the terms.. and conditions herein. NOW, THEREFORE. it 'is mutually agreed by and between the undersigned parties as follows 16 T E RM The term of this Agreement shall commence .upon the signing of this Agreement and shall covcr three fiscal dears ending June g 30 199 1991 and .19 9 2 unless te rminated earlier as set forth herein. Reappointments for three additional ears are available contingent upon the quality of services provided and the nego lat ions o f fa ir cost terms 2e SERVICES 20 BE —PERFORMED: Consultant shall pe rform. -each and every service set forth in the Request for Proposals for Professional Audit services d�:ted April 4, 1990 which 3.s. attached hereto as Exhibit "All and incorporated he rein. by this referen and consultant' Technical Proposal. which is attached hereto as Exhibit "Bit and inovr crated herein by this re f e r ence Services shall be performed in accordance Frith Exhib A a .nd.B.and this Ag reement In th event of a conflict, this Agreement shall prevail over ]Exhibit A a and.Exhibit B shall prevail. over.Exhibit A 3 COMPENSATION TO CONSULTANT Consultant shall be compensated for services. pe r formed pursuant to this. Agreement in. amo set forth in Consultant s sealed cost bid which is attached he as Exhibi C,� and incorporated herein by this re f erence a c ity shall compensate Consultant in its eus tonar manner for similar claims. 4,6 STANDARD 01? CAME Consultant agrees to :Perform all services hereunder, in a manner commensurate with the h ighest profess stan and City Counci l y Exhibit 7 to Agenda Item ##4 -C 03 -16,10 t agrees that all services s ha ll. b e pe rforme d by qualified and experienced personnel. who are. not employed .by the City nor Pa any contractual relationship with .City, 5 d INDEPENDENT PARTIES City and .Cons 'inte that the re.lation :between them created by this Agreement is that o f em p lo er -�nde en dent y p contractor. The manner and means of conducting the: work are under the control of Consultant, except to the extent they are lim ited by statute, rule or regulat and the ex term o f this Agreement. No civil' service status or o ther ri 9 ht of employment will be acquired by virtue o f Consultant i s s� rvi.ces None o f the benefits provided by city to its em inc luding. but not limited to unemployment insurance, workers'. compensation plans, vacation and sick leave are available from city to Consultant, its employees or agents* Deductions shall. riot be made f or any state or federal taxes., FICA. payments, ]PERS payments, or other purposes normally associated with an .employer- employee .relati f rom a fees due Co nsulta nt Payments of the above items, i f requ are the responsibility of Consultant. 6 HOLD HARMLESS Consultant shall indemni and hold harmless. City, its Cit Y Counc Boards and.. Commissions, officers and employees from and against any and all..l.os.s, damages, liability, claims, suits, casts and expenses. whatsoever, including reasonable attorneys eet regardless.. of the merits or outcome o f any such claim or suit arising from.or in any manner co to Con sult ant' s ne li ent g g performance o f services or work conducted or performed pursuant to this Agreement 4 consultant shall .i.ndemnify and hold. harmless City, its city Council r boards and .commissions, officers and em to ees from and ploy against any and all.. loss., damages, liability, Claims, suits cost and expenses whatsoever, including. reasonable att s' fees accrue. accruin c r rd's �-t�. g to any and all persons, firms or corporations furnishing or supplying. work, services, materials, e quipment gar supplies arising from or in any manner con to the Consultant's negligent performance of services or work conducted or performed pursuant to this Agreement 74 INSURANCE, on or be fore the commencement of the term of this A reement Consultant shall furnish City with certificates showin. the t e ..g. yp r amount, class operat covered ef fect ive dates and dates cf expiration of insurance cove in compliance P aragrap h 7A, B, C and I d such ce ficates which not limi consultant s indemn 'if icati.o.n, ..shall.. also contain substantially the. following statement. Should a.ny of. the above insurance covered by this certi f icate be cancelled or covera a reduced before the ex irati g p on date thereof, the insurer .a f forded cov shat 1 provide thirty (30) days' advance notice to the City of Alameda by cert i f i.ed ma Attention: Risk Manager. If It is agreed. that Consultant shall maintain in force at all times during the performance cif. this Agreement all appropriate coverage of insurance regu 3. red :.b y this Agreement with an insurance company that is acceptable to city and licensed to.do insurance business in the State of California.* A, COVERAGE Consultant shall maintain the following insurance coverage (1) Workers Com ensati.on California, Statutory coverage as required by the State of (2) minimum limits: Liability* Comprehensive Bodily Injury, $500,000 each occurrence i $x.,000,000 aggregate products/ completed operations $1, aggregate all other (if applicable) Property Damage: $10.0 each occurrence $250, 0 0 aggregate If submitted, combined single limit policy with aggregate limits in the amounts of $1,000,00o.will be considered equivalent to the required minimum limits shown above, Professional Liability: Professional Liability insurance which includes coverage for the professional acts, errors and omissions of 77644Consultant in the amount of at least $500,000. Bo S UB ROgAT I ON A IVE R p Consultant agrees that in ..the event of loss due to an o y f the perils for which it.:has agreed `to provide comprehensive. general and automotive.1iabilits insurance, that Consultant shall look solely olely its insurance for ecovery.. Consultant hereby..grants:to Cit can behalf of any insurer.. prove ding comprehensive. general and automotive liability insurance to either.:Cansultant or City with respect to the services of consultant herein a bra i t of any right to subrogation which a.ny such insurer of said Consultant may acquire against City.by virtue of the payment of an loss under y such insurances general coverage in the fallowing 3 C o FAILURE TO SECURE I f Consu at any time during th te hereof s fail to secure. or. maintain the foregoing. insur �Cit� shall permitted to obtain such insurance in the... Consultants name or as an agent of the Co nsult ant. and shall .b e compens b y the Consult f or the costs of .the ins ur ance premiums at th e. max mum rate permitted by. law computed from the date writt notice is rece that the prem..iums have b een pa id D ADDITIONAL INStJRAWCE City, its itY Y. it B. arde and commiss ions., lo f icers. a nd employees shall. Vie. na as an additlona insured under all insurance coverag except. any.. rofessi6nal .1 iab 0. 1 ity insurance r by this Agreement.. The naming bf an addition insured shall not affect any. recovery to which .such additl.vnal insure would be entitled u,nder this po l icy if not named as such ad 1. ion i nsured An add itiona l insured .named here sh not be h e ld liable for any premium, deductibl po rtio n o f any lass, or expense of any nature on this pol icy or any extensio thsreo f o Any other insurance held by an additiona insured shall not b e requ ired to contribute anything toward any loss or expense .covered by the insurance provided by thi policy. 8. PROHIBITION AGAINST TRANSFERS Except as noted below.,. Consu ltant shall not assign, sublease, hypothecate, or transfer th i s Agree o any interest therein directly or indirectly, by operation of law. o r otherwise without prier. written consent of City 9 Any atte to ..do so i l ou sa consent shall be nu.11 and vo and a ny assignee, su blessee, hypothecate or trans feree shall acquire n rig ht or interest by reason of such attempted ass ig n ment, hypothecation or tra ns fer The sale, assignament, transfer or oth 'dis position of an of Y.. the issued and .outstanding capital st ock of Consuita nt or of the interest of any general partner or J oint venturer o s yndicate member or .cotenant i f ..Consultant is a partnersh p or jo venture' or syndicate or.. coten which s result in chang the control o f .Consultant, s hall be construed as an assignment of this Agreement Control means f i fty percent (5 0%Y or more of the votin power of the corporation.* Consultant wi ll .subcontr.act writh the Alameda f i r-m o f Kirnbe l.1 r Mc Kenna and Von K to p erf o rm the Mo rtgage �e�e B ond Fund and Pol. Fire Retirement S��tem Pension Plans 1079 a nd 1082 portions. of th is Agreement 9 0 PERHi Y S AND LICENSES e onsulta l' at lts so ex ense, shall obtain a nd m during the term of this Agree all app`c r iate p erm it s certi and licenses including but not l limited to a C ity Bus iness. License. that ma be requi in co nnection with. the performance of services he reunder s J REPORTS Each and every report, draft, work product ma record and p other document reproduced, prepared o r caused to be prepared key Consultant pursuant.to or in connection with this agr eement shall be the exclus property of No report, in nor other data given to or prepared re aced or assembled. by Consultant pursuant to this Agreement to shall be made available to any individ or organization by C onsu lt a nt wi thout prior approval by city Consultant' shall, at such time and in such form as City may require, furnish reports concerning the status of services required under this Agreement, 11* RECORDS Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the perf ormance o services under this Agreement. Consultant shall maintain adequate records of services provided in suf f icient detail to permit an evaluation o f s ervices All such records shall be mainta acco with enera acce tad acc ounting y p counting principles and. shall be clearly ldentif�.ed and readily accessible* Consultant shall provide free access to the representatives of City or its designees at all Proper times to such books and records, and..gives.Ci.ty the right to examine and audit same, and. to make transcripts theef roan as ne�cess ar and to y• allow inspection of all work, data, do cumen ts proe�edings a nd activities related to this Agreement, Such records tc ether wi th o g supporting documents., shall be kept .separate from other documents and records and shall be maintained for a period f throe (3 y ears after receipt Of final payment 12 NOTICES All notices, demands .requests or approvals to be given under this agreement shall be given in writing and conclusively shall be deemed served.when personally or can the second bus in ess day after the. deposit thereof in the Un ited States mail, osta e I? prepaid, registered. or certified, addressed as hereinafter provided All notices, demands, requests o approvals fr o m .Cons.ultant to City shall be addressed to..City ate City of Al. amed a 2263 Santa Clara Avenue Ala.med.a. d CA 94.501 Attention,* City Auditor 5 All notices d e ma n ds, requests, or approvals from cit Y to Consultant shall be addressed to Consultant ata Maze Associates 1470 Maria Lane, s uit e Z.O Walnut Creep, CA 9.4 59 Attention S cott Maze 13a TERMINATION In the event `Co hereto. f ails or. re to p e rform, any of the provisions hereof at the time and in-the manner e d hereunder, Consulta.nt shall be deemed in de fault i n the p rf ormance of this Ag reem e nt If such d is not cured w ithin a per* ced of two (2) days after receipt by Consul fr C ity 0 f wr itten notice of default spec ifying the nature :Of such default and the steps. necessary to cure such default, ci.tY may terminate the Agreement forthwith by giving to the Consultantrritten notice thereof. City shall have the option, at its sole. discretion and without cause. of terminating this Agreement by. givi s 7 da s� Y prior wr itten notice to consultant a.s pr o v ided herein¢ ion termination. th Agreement each party shall p air t o the other party that port ion of compons t i. on spec i f ied in this Agreennt that is earned and unpa prior to the e ff ecti ve date o f te r�inat ion 14,P LY UIDATED DMAGES d since the actual damages which. would result i f the Comprehensive Annual rina.nc al Report is issued :after November 3 0 are unc ertain and w be extremely difficult to as��rta n Consultant agrees to pay City the sum of WOO 00 per day for each business day .the Comprehensive Annual Finanoi.al Repo is Lat as liquidated and agreed damages in th event of and breach of th i s agreement by ponsultant if City proide the infrmation requested on the Prey -Audit Chedkli t attached hereto as exhibit I and. incorporated. bore i n by this ref erence l ater than the date shown thereon, consultant shall be granted an extension aeycnd November Thirtieth on a day for day basis. .15* Cosh! OF LITIGATION If any local. :action is necess to enforce and precision hereof or f or.. damages by reason f or. an alleged breach of and provisions of this A gr.e ernent, the prevail ing party shall be entitled to recei f rom the ls .ng part all costs and e eases Y p. in such amount as. the Court may. a djudge to be reasonable, inc luding fees at torne y s' e 16 p COMPLIANCES Consultant. shall Comply with all state or f e deral laws and all ordinances, rules and regulations enacted or is sued by C it d Y 17s WA I VE'an% e A waiver by City of any breach of an term Covenant or condition contained contained herein shall not be deemed to be araier of any subsequent breach of the same or any other term, covenant or condition contained herein whether of the same or a different characters 18a INTEGRATED CONT o Th i.s Agreement represents the full and scorn 1 ete understa p nd i ng of every kind or nature whatsoever between the parties her and all preliminary negotiations and .agreements cif whatsoever kind or nature are emerged herein a No verbal agreement or implied cove.nant shall be held to vary the provisions hereof, .Any modification of this Agreement will be effective only by written execution signed City by both and Consultant, g IN WITNESS WHEREOF, the parties have caused the Agreement to be execut6d on the day and year first above written, CITY OF ALAMEDA, a municipal corporation P D AS TO FORM: City Attorney DV ATTEST, ALPO -1X QWY CL CONSULTANT 7 r low This Mod 1 f ication of A entered Into th 14s, 6th da of Januar 1993, b and between the CITY OF ALAMEDA, a municipal corporation (hereinafter "Cit and MAZE ASSOCIATES whose address is 1670 Riviera, Suite 100, Walnut Creek, California 94 59 6 (hereinafter "Consultant"),, is made with reference to the followin RECITALS: A. On September 18, 1990, an a was entered into b and between Cit and Consultant (hereinafter "A B. Cit and Consultant desire to modif the A on the terms and conditions set forth herein'.. NOW, THEREFORE, it is mutuall a b and between and undersi parties as follows: I 1. Para 1 of the A is amended to read as follows: The term of this A shall commence upon the si of this A and shall cover the fiscal y ears endin June 30 1990 1991 1992, 1993, 1994 and 1.995 unless terminated earlier as set forth herein. 2. Exhibit C is modified to add: Fees for 1993, 1994 and 1995 will be based on the fee for 1992, adjusted annuall for chan in the Ba Area Consumer Price Index. 3. Except as expressl modified herein, all other terms and covenants set forth in the A shall remain the same and shall be 'n full force and effect, IN WITNESS WHEREOF, the parties hereto have caused this I modification of A to be executed on the da and y ear first above written, MAZE ASSOC TES CITY OF ALAMEDA A Municipal Corporation B y T1 RECOMMENDED FOR APPROVAL: Finance Director APPROVgD,AS TO FORM: Cit Attorne ATT,ZST: C it"lerk City Council 04130/92 Exhibit 2 to A Item #4wC 03=1 6-10 MODIFICATION OF AGR This modific-ation off Agreement, entered into this 8th da 0i Februar 1995, b and between the CITY OF ALAMEDA, 'a U 1 C E municipal corporat on (hereinafter "C"t-y") and TMAZE AS whose address is 1670 Riv]'Lera, Suite 100, Walnut Creek, 1�. Califo:1--nia- 94596 (hereinafter "Consultant") is made with reference JL,--o the followin RECITALS: A. On September 18, 1990, an a was entered .nto b and between C y and Consultant 'hereinafter "A 13. Cit and Consultant desire to modif the A on the terms and conditions set forth here-J.Ln. NOW, THEREFORE, it is mutuall a b and between and undersi parties as foliows: 1. Para 2 of the A is amended to add the followin The scope of services performed is expanded to include a mana audit of the Chuck Corica CL Golf Complex. The services is set forth in the Assis-tan,t Cit Mana staff report of Januar 26, 1995 to the Cit Council which is attached hereto as Exhibit I'D" and 4 incorporated herein b this reference. 2. Exhibit C of the A is modified to increase the compensation b $9,800 as pa for the services described above. 3. Except as expressl modified herein, all other terms and covenants set forth in the A shall. remain. the same and shall be in full force and effect, IN WITNESS WHEREOF, the parties here have caused this modification of A to be e._ cut .ed on the da and y ear first above written. MIA B Ti 5\CONTRACTWAZE-MOD42 CITY OF ALAMEDA A Municipal Corporation BV REC'r.__),M`1R'47LADED IOR APPROVAL: 2f 41(J Tit .-L e IT APPROVEP f AS._ TO ORM Cit Attorne ATTF,PT: 141 Cit Council Cit C`lerk Exhibit 3 t® A Item #4-C 03-16-10 Lit-- of Alameda 41 Inte,r-deDartrnent 1\4emorandum J Tanuar 26, 1995 i To: Honor-able Ma and Coi-incilmembers F o iu 4 Robert L. Wonder AssisCant C-it Mana Re: Amendin contract with Maze and Assoc ates by Expanding Sccioe of Service to 'Include Mana�jernent_ Audit of -.--he Chuck Ccrica Golf cow ]2 1ex BACKGROUND: At the Council's October 18, 1994 meet-in ault_-horizat­icn was g iven 4- to develop and seek responses to a Re for Proposals (RFP) for ai maan.;-:1 audit_- of the Chuck Corica Golf Complex. A to,-.a! of 11 .0 -4- RFPs were sent to auditin firms, onl three DISCUSSION: Maze and Asscclates the firm which has been conduc I I the c ity audit, was the low bidder by a considerable amount ($9,800 compared to 3 3 1 0 0 0 and 3 2 0 0 0 .f rom the other two subm itters The f irm is alread f amilia--y- with operations at the g olf complex, havin perf orined llmired tests on internal accountin con -L-.rc_].,.s and a preliminar review of"' Pro Shop revenue controls and cash receipts procedures as part cf.' the 1994 financia-1 statement caudit. The primar emphasis of this review will be fou to review oraanizational str ucture and mana r ev i ew and document present -internal reportin practices, p ersonn el, re and hirin procedures to review Pro Sho-o inventor pra Ct 4 Lces includin merchandaLz in plans and strate alon with drivin ran and cart- operations; to review pricin methods, compare the numbers of tournaments played with total. rounds -olaved and show *the relationship between tournaments and Pro Shop sales volume 4 to provide recommendation for improvements. A cop of the proposal is attached. Reference checks have been conducted re -1--d-in the q ualit y of work done b the firm w-ith other I c which have used Maze and Associates at their g olf c L courses. Their ever fence and ours has been excellent. BUDGET CONSIDERAT70 I* There is no impact on the General Fund. The $9,800 cost.-_ will be borne b the Golf Enterprise Fund. Printed on rec paper Honorable Ma and counci-Imembers RECOPMENDATION: Januar 26, 1995 Pa 2 it- IS recommended that the Council by motion, amend the contract wi-IL---h Maze and Associates b expandin the scope of service to include a mana aud-.i't.-- of the Golf Complex as III their response to the RFP. Respedfful-l submit-Eted, Ro bey t L. o n d,.=-.-,r-- A i s -kI.-I (a rit Cit Maria RLW: cb: 0 19 At"..---achme.n.-t XC: Gollff- Commission. MODIFICATION #3-0F AGREEMENT. This Modifi' cation of A entered into thi o 1995.1 b between. the. OF ALAMEDA... a municipal:co.r (herei n�af ter .11.Cit and PMZE ASSOCIATES whose address is 1670 Riviera,.Suite 10 0,r Walnut Creek California 94596 (hereinafter "Auditorll).. is made .with reference to the followin REC.ITALS: A. On September 18, 1990,.an..a was entered into b and b6tween Cit and Auditor (hereinafter "A 13. Cit and Auditor have previousl modified the A 9k in the past. C. Cit and Auditor desire to modif the A on the terms and conditions set forth herein. NOW, THEREFORE., it is mu tuall y a b aild between and undersi parties as follows. 1. Para I of the A is amended to read as follows: 'the term of this A shall commence upon the. si n a. of this A and shall cover the fiscal y ears. endin June 30,, 1990 throu and 'includin fiscal y ear endin June 30., 1998, unless terminated earl dLer as set. forth -her J e3-n This A ma be e.xten..e.d.; upon mutu a of the p-arti.es, for an additional three y ears until 200110 2. Exhibit C is modified to add, Audit fee for fiscal. ye ar endin June .30,, 1996 ill. be based on auditor's 1995.fees billed, 0 3 usted..f. r t.he publ'ished percenta increase In the Ba A-rea Consumer Price Index for i m p erce�. �.t 199.5 up to a max mu. ten per. y e r Audi 01 t fee for fiscal, r endan W1 �based: n Auor yea une 30.., 1997 '11 be dit s .0 1996 fees billed, ..adjusted .for. .the pub!1 Percent age increase in the Ba Area Consumer. Pri 9 -ce Index,.for 19 96 il P to a maxi of ten p .p y ear. Audat. f ee.. f or: f iscal ear end3_n June 30 3-998 11 w" y 1. be based on Auditorls 19.97 fees billed, u ad"st d for he published Q. t per ..increase -in th Bay A_rea. Pri Index: f or. 19 9 7.14 to a maximum of.te percent per y ear. AudiLt fees f or an 8ubse y ears shall be calculated i ce. the same manner Cit Council Exhibit 4 to A Item #4-C 03-16-10 S 3- Except as expressly modified herein covenants set for alb. other terms and oo forth in the agreement shall remain the same a shall be in full, force and. ef f e ot and IN WITNESS WHEREOF, the arties h ere; to ��a�re caused this 'modi f i oat ion of Agreement to be executed on the da first above wri tten. and a r MAZE ASSOCIATES CITY OF ALAME A Mu nioZpa l orporat BY T i t 1 e_ R C3MMEN EI F� APPROVAL Z:n Title APPROVED AS T FORM city At torne A T; C i l f y Cl 5 \CONTRACT' \rAZE MOD #3 2 A S Yin- A 7- February 15, 2005 Juelle Ann Boyer, Finance Director City of Alameda 2263 Santa Clara Avenue Alameda, CA 94501 Dear Juelle Ann: 930.. C 2 9 FAQ (925 9% We are pleased to offer to extend our Agreement for Professional .Auditing Sen7ices to include the years ending Tune 30, 2005, 2006, 2007, 2008 and 2009. We appreciate your interest in a quality audit and COI=it to continuing to staff your audit with well trained experienced auditors. The terms and conditions in our agreement remain in effect except that our fees will be as follows: Service 2004 Proposed Proposed Proposed Proposed Proposed Fees 2005 Fees (a) 2006 Fees (a) 2007 Fees (a) 2008Fees (a) 2009 Fees (a) I Basic Financial Statements, Memorandum on Internal Controls, and CAFR assistance $83,530 $84,866 $86,224 $8,604 $89,006 $90,430 2 Community Improvement Commission 5 5,477 5,555 5,654 5,744 5,836 3 Single .Audit Act Report (two programs) 11,816 12 005X 12,197 121392 12,590 12,791 4 Review of City's Appropriation Limit 694 705 716 727 739 751 Financial Statements for the: 5 Police and Fire Retirement Plans 1079 and 1082 4,252 4.320 4,389 4,459 4,530 4,602 6 Alameda Reuse and Redevelopment Authority 9,282 9,431 A 9,582 9,735 9,891 10,049 7 Measure B 2,833 21 878° 2,924 2,971 31019 3,06"7 8 Parking Citation System Audit 2,242 2,278 2,314 2,351 2,389 2,42 9 MTCITDA Programs Audit 3,810 3,81 3.933 1996 400 4,125 10 US Navy report on ARRA`s use of rental/lease revenu 3,600 3.658 3,717 3,776 3,836 3,897 Renewal Discount (5,004) (4,0 00) (3,004 (1000 (1,000) Totals $127,450 $124,489 $12'7,561 5130.665 X133,804 5136,975 CPI Chano 1.6% Notes: (a) Fees are adjusted each year for the increase in the Bay Area Consumers Price Index for Services for 2004. City Council Exhibit 5 to Agenda Item #4 -C 03 -16 -1 A Professional If you agree with the terns and conditions of this extension please sign below and return a copy of this letter to us. Thank you for the opportunity of Continuing to provide services Lo the Czty. Yours very truly, r Maria Glannell MG I RESPONSE: This letter correctly sets forth the understanding of the City. By: Title: C Chief Financial Off ic Date: February 22, 2005 L.� J'• K�W Ze'rZ�? f r rrtr^ti� —rr y is C7! Fr7i !T' 11 I I A 7 A A I e 1 01DE0 Monterwv R d., Susie 1 7.0 Moo r-ark re., u San Jose,, CC-1915 7 1 all: (408) 779 1 %'3) Tom (4 �a Fax_ -rJ 77 r- q Fax: (4 03 557-9/893 ,5 Ju ly 19 2002 To the Shareholders Maze Associates .accountancy Gorporation )Valnut Clree' `.�alifornia We have reviewed the system of quality control for the accounting and auditffiz practice of Ndlaze .associates Accountancy Corporation in erect for the year ended Ma 31, 2002 A system. of qu control encompasses the fan's organ =bona structure and the policies adopted P and rocedures established to pro vide it with reasonable assurance of confon=9 Wi professional standards. The elements of quality control are described M the Staterments On duality Control Standards issued by the American lastitute of Ce rt�ed ub� ccounta�ts The design of the system and compliance with it are the respons of the firm. our responsib ity is to express an opinion on the design of the systern, and the �n's compliance nth -I the system based on our review. Our re view was conducted in accordance with standards established by t .e .P Review Board of t. A ICPA- er fori.nr our rem. ew, we o btai ed an ur�.de� z cif' the sy of qual�.ty P control for the f='s accounting and auditing prance. In .addition, we tested con pliance with the Jan.`s quality control policies and procedures to the extent we considered appropriate.. These tests covered the application of the fan's Dolicies and procedures on selecied encragements. Beca,�se cur r e xriew was based on selective tests, it would not ae�essar��r disclose weaknesses in the q system of uality control or all instances of lack of compliance �~ith it. y Becau there are inh erent limitat 1n the errecuveness of an systern of gUali y Con. U o�, dep artures from the system may occur and not be detected.' Also, Projection of any cva uatior� of a system of quality control to future periods is subject to the risk that the system of quality control may become inadequate because of changes in conditions, or because the degree of compliance with the po or pro may d eter*orate. In our opiion, the systern of quality control for the accounting and audit' Ing practice of Maze .associates Accountancy Corporation Ln effect for the year ended. May 31, 2002, has. been designed to meet the requirements of the quality control standards for an accounting and auditing ractice established by the AICP A and was complied with during the year then ended to provide th wit reasonable assurance of compl F y�.ng nth profess standards. t ;ichols. Ri C omp any CITY of AL.AMEDA Memorandum To: Honorable Mayor and Members of the City Council From: Ann Marie Gallant Interim City Manager Date: March 10, 2010 Re: Approve the Purchase and Installation of a New Voice Over Internet Protocol Hosted Telephone System from AT &T in an Amount Not to Exceed $500,000 At the April 21, 2009 City Council meeting, staff presented a report on the cost benefit of replacing the City's aging telephone and voicemail system with a hosted Voice Over Internet Protocol (VoIP) solution provided by AT&T. AT&T's product, called Voice DNA (VDNA), is a voice communications system that provides Internet protocol telephony with advanced features and a full suite of management service tools. DISCUSSION The City's current Nortel private business exchange (or PBX) phone and Meridian voicemail system is ten years old and has failed on multiple occasions, leading to the loss of data and the need for staff to spend hours recovering th information. In addition, replacement parts, such as telephone switches, must be purchased from third party vendors as Nortel no longer supports this system. Continuing Frith this system is neither cost effective nor efficient in today's rapidly changing technology environment. In early 2009, Information Technology staff began researching possible replacement phone and voicemail systems and determined that a "hosted" cloud computing solution would provide reliability and growth integration with future technology. Under a "hosted" system, the vendor owns the hardware required for the system and is responsible for its maintenance, relieving the City of this responsibility. Telephone services are provided via the Internet, through data T1 lines, rather than through traditional telephone lines. A hosted system requires no in -house servers and, therefore, no City maintenance of these often trouble -prone assets. All responsibility lies with the vendor. After reviewing various vendor proposals, staff selected AT &T based on years of experience in the telephone industry and ability to provide a turnkey, ready -to -go solution, as well as both online and hands -on training on the product. In addition, AT &T has signed a "Calnet 2" contract with the State of California, which means that the City City council Agenda Item #4wD 03 =16 =10 Honorable Mayor and March 10, 2010 Members of the city Council Page 2 of 4 will benefit from competitive pricing for this service as negotiated by the State on behalf of other government agencies. In order to ensure that the VDNA system is the appropriate system for the city of Alameda, staff arranged a 00 -day "proof of concept" trial period at the Mastick Senior Center. That trial period, which ended on December 31, 2000, allowed Information Technology and Mastick Senior Center staff to test the new phones and VDNA system prior to their purchase and deployment throughout the organization. The trial period also provided AT &T with an opportunity to determine how best to train City staff on .the use of the new phones, which offer a variety of features unavailable on the City's present system. Because AT &T offers the VDNA product through the Calnet 2 contract, the city of Alameda is not required to enter into a separate contract with AT &T. Rather, the City is "piggybacking" on the Calnet 2 contract, and the purchase of the phones and telephone service for the Mastick Senior Center was accomplished through the execution of an "Authorization to order under State Contract" (Exhibit 1). This document, in conjunction with the State's existing Faster Services Agreement with AT &T, provides sufficient protections for the City related to warranties for both the service and the phones. Deploying the system citywide will be done through purchase orders for the phones and for the service itself. FINANCIAL. IMPACT Under the AT &T VDNA system, both local and long distance phone calls will be free; there will be no connectivity costs for calls between City facilities. The City will also reduce costs in maintenance and support of the PBX system, as well as on energy consumption. The annual cost to operate the VDNA system is less than $20 per month per phone package. In addition, approximately 31 phones in outlying facilities will be placed on a Centrex system. Although this is not a Vol P system, the users will .still be able to use four -digit dialing to reach other City facilities. The following table cony pares the annual cost of the current phone and voicemail system to the proposed VDNA system and shows that the total annual savings under the new system is approximately $438,000. Annual Estimated Operating Costs Citywide phone system (estimate) Annual costs for 422 VDNA phone package users ($20 /mo. /phone package) Annual costs for 31 Centrex users ($28 /mo. /Centrex phones) Current System AT &T $550,000 0 0 $101,280 0 10,416 Total $550,000 $111,696 Honorable Mayor and March 16, 2010 Members of the City council Page 3 of 4 The capital costs for the phones on a per -unit basis have increased since the April 2009 presentation to the city Council because the city is purchasing a different phone with enhanced sound quality (the Astra vs. the Polycom). Since the number of phone replacements has been reduced significantly due to staff reductions, the total cost of the phone instruments is less than that originally projected. The capital expenditures also include the cost to re -wire the various city facilities in order to accommodate the new technology, which is delivered via the data lines. while the wiring cost is being ascribed to this project, this work would have been necessary at some point in the near future in order to support emerging hardware and software needs. Capital Budget and Installation 422 Astra phones plus 31 "sidecars" plus tax 93,965 31 Centrex phones plus tax 6 Network equipment $162 AT &T professional services $106,300 Wiring cost 49 Total $417,795 By purchasing and deploying the vDNA system, the city will save approximately $440,000 in operating costs annually. At that rate, it will take 12 -15 months to recover the capital investment and other related start -up costs. In addition, the City will recognize significant annual savings on long distance calls ($43,000), PBX maintenance ($42,000), local miscellaneous charges such as tolls ($40,000), personnel ($95,000), and electricity ($5,000). The funds for this project have been budgeted in the Citywide Telecommunication Equipment Replacement Account (070431 91010) in FY09 -10. RECOMMENDATION Approve the purchase and installation of a new voice over Internet Protocol hosted telephone system from AT &T in an amount not to exceed $500,000. Respectfully submitted, Lisa Goldman Deputy city Manager Honorable Mayor and Members of the City council Approved as to funds and account, Evelyn Leung Interim Supervising Accountant March 10, 2010 Page 4 of 4 Exhibits: 1. Authorization to order under State contract FEF- 25- -2010 01:26 ATT P.01/05 Sip p 9 %5 EXHIBIT A -2 20090909-(:)C)�2, AID` HORIZATYON TO ORDER UNDER STATE CONTRACT SBC Global Services, Inc,, dba AT&T Glo bal Services on behalf of Pacific Bell Telephone Company, dba. AVT ,-T Ca "AT &T "or ''Contractor'') and the State of California State have enWrc into i't Contract for California hiteg Information Network (CARNET) 2 CAI. NPT 2 MSA 1 Services dated January 30, 2007 "Contract for a terin of five years. The State 111ay, at its sole option, elect to c;ctond the Contract terns For up w two (2) .additional periods of one l) y each. Pursuant to the Contract, which is inc orporated herein by reference, any public agc=y, as defi in Govemment Cade section 11541 is allowed to order services and products solely as sit forth in the Contract, A non State public ag ency (he rein "I on- S ia.te Ag enc y sha also be required t o complete and submit this Authorization to Order Under State Coatract (ATO) pr to cr dorin �ervict�s. A description of the Service(s). applicable rats and char Luid the specific terns and conditions reader %vh1Qh the Service(s) will be provided to a Non-State Agency are fully set forth in the Contract. Access to the Contract is available ,a.t ww�v.stnd� ls.e3. ov City of Alameda "Non-State, Agency dosites to order Service(s), and co ntractor a grees to provide such Service(s), as identified in the State of California, `telecommunications S ervice Request (STD_ 20) pursuant to the temas and conditions and rate tables contained in the ContraQt. l This ATO shall bcCome effective upon execution by Non-- State Agin -nc:y, Contractor., and the Department of Technology Services, Staawlde Teleconimunications and Network Divi (L)TSfSTND "Effective Date No Service(W be ordered by Non- State Agency or provided b C ontractor witil this ATO has bewu execute by both parties and approved by DTS /STND, 2, With respect to Services ordered ender this ATO, as authorized on Attachment 1, lion -swu: Agency Hereby agrees to- obtain su 'cll Se�vice8 e'xolwqlvely i ATO. for 4 two 2) year commitment period, starting Nvith the Effeetive Date of the ATO, provided. that such con n tmcnt doles n6t 6xtei)d bayoiid the TOni of the *C6htract, includ"in g any extensi p eriods, An y new Services added to an existing ATO shall not extend the two (2) year commitment period previously agreed upon on the ATO. 3, Upon expir;ttiort of the two (2) yezLr cornmitment period, this ATO shall continue in effect throug the remainder of the Term of the Contract, unit." terminated by Non State Ag The Non-State A gency will automatically continue to receive Services at Contract t(�rnis and conditions when. the two year comm itment pe�od ends, an may a dd, delete or change Services wi thout peffil l ty or additional al can rn3tmtIlt periods (unjes.5 a specific Service rewires a terms per the Contract). 4. Dori- State: Agency may toms mate this ATO, for specific Sorvice or it) total, prior to termination of the ContraQt, by providing the Co with thirty (30) calendar days' %vritten notice of cance llation. If Nora -State Agency elects to ternMinate S ervice prior to com pletion oaf the t wo (2) year corwi .trnent period, a termaat.ion charge may apply. The teriluination charge may not exceed sixty covc p ercent 65% of the Nan -State Age«cy's average monthly bill for the disconnected Service(s), multiplied by the number of full moindis remaining in the two (2) year commitment p eriod. If PAGE 1 ATTACH:MENT 5 EXttM A-2 R Ci Counci Exhibit to Agenda Item ##4 FEB-25-2010 01: 2? ATT P.02/05 Sers =icer(s) are terminated after tha two (2) year commitment period, no termination l ,shall apply. No ternuination charge will be assessed whe.n Non-.State- transfer. Servico(s) to a lilac ea offered under this Contract, or .from one ALNET 2 .MSS to another, if the Contractor it� the .same f or both MSA. or is affiliate with the Contractor for the other MSA. 6, y x cu iz g this T' ion- ti ate ency .agrees to subscribe to, and Contractor agres"s to provide Ser ,q, in accordance with the. terms and conditions. Of this .ATO arid. th C ontract Upon executioti oC this ATO by on State. Agency and Contractor, Cont t) r shall deliver this ATE to LETS /STND for review and approval. 7, The DTS /STNr.) will providt Contract management. and oversight, and upon request by the .lion- State Ages acy or Cantrart0r, will. advocatt to resolve any C011tract service issues. ThP ATO, and any resulting STIR.. 20, is a Contract between tbe.l on Late Agency and the Contractor. The State, will not rCpr�:sent the No -State Agen in resolution. of litigated d between the patrties. S. Non -State Agency, upon execatzon .of .this ATO, certifies.. that Non State Agency understands that contractor and the State may. from time, t 6me and without Non -Stat gUney' con4sent, amend tile, terms and conditi of the Contract thereby a the term of" service NoTi=State Agency recei from Coutractor. lion -State Agency, upon execution of this ATO, certif es that it has reviowed the terms and condi including the rates any charges, of the coriiract. 10. Non State Agency, upon .execution of. thi ATO, certifies the Non Bute Agency understands that billing invoic for ervi�( subseribed to under the Contract are Subjout to review and/or and it by the �6W,, Pursuant to prOVis1011s .nf the. Contract. I :I Alf ervice�(s order6d under this ATO will be OM'tted casing the STD, .20, signed by the on State .�g�x q s authmized.,sigr�atory... .zay Wditians. or deletions to Service( -shall lil�~e�i��: be accomplished by subnu of a STD. 201 noting changes_ 12 Nor State Agency may, by .placing Service orders issue .by its duly authorized ropresentativo with Contractor, ordor any of the S ervice( s) fisted in the Contract. Contractor. shall .bill lion ate Agency, and Non State Agency shall.pay Con accordi to the te rms and conditions acid .rate tables set forth in the Contract for such Ser vica(s). 13. If, for any anal year daring the term of.tbis ATO, funds are not appropriated to eniab e, the Non State Agency to continue. p aying for. serv or universal service di -soaunts are not r clved, the Non -Mate Agency tray terrr�iiate impacted. Service(s) with penalty. 14, Wheriaver• any notice or dernand is given under this Contract to Contr rotor or Non -Stacc Agency. the notice shall be in writing and addressed to the following; PACE 2 &TTACHNIHM S EXHIBrr A -2 Revised: Amendment No. 1,1 FE -25 --2010 01:27 ATT Non,State A Ci ty of Alameda Att AT&T 610 S Pacific Bl Sacramento, CA 95814 Attu: Contract Pro gram M ana g er verni ht courlier serv shall ire dearned delivO�'ed OTI the day �`�al)(Ywing ix�ailit�g. N��tie�s Notices deltvUed by hr l tied n cvd delivered mailed U.S. Mail, )30S� .ge prepai(l, registet'cd or certified witb return rempt recit rn�d ivc�� 'S' �tat� business days a�'t�t` r�aailitig. Noti�:u� �ieli�v� red by any other ��thod shail e de� F i ve l I axti hereto have caused this ATO to he executed can the date shown bl�,Iow by their respective duly awii b4rized mpmentalives: F n 0 d Name d III P(-'r� nn Signing NON-STATE AG IZU B5 Y A u �th c op Hated Natlic 1jud iOv, of Persan inn .d t Z '5a�j Date 31'8ned: F 03/05 PAcTF 3 ATrACx'NMWr 5 EXHIR 't' A -2 Reprised; Amendment Igo, 1 .1 Approyed By; Departtlienl of Tachnatogy SeMCM St eewide "l'e1ecotnmilnicati0F)s and Networ- C Dilvlsion a 4 ,kTTACHMEN `5 E)aIlUr A. -2 devised: Amendment Igo. 1 FED-25-2010 01:27 ATT P.04/05 LEA I ATTACHMENT Cit of Ada 1 Ser Selected S �rvi Voice Services +fore Services Products Cu i nitia ls Li a .��y1 J�, 's�i( nl llx) Y! 1 1 /��Jy .y y r Contra! office Excha nslc.Se■ fi� ('A.iV ...i..3.L er t cat runk S ervices (SuD0 rTr-Un kf P8XJD1 D) malty 8a81D Aut0t'�nU(;'C 1 �T tion (Av allab 1 tl 1 wic 0Qntrox) tnt r tiff 'voice Alespo (I R all io i A Computer Telephon6 hi .00rat on (PTi) Voice Mail SOrvices (A Seleoted Serv Data r` ices r ervi e r t Customer Initial Data Transmiasion S$rvIces (An a.log $ervice; Carrier.080 1AM)I Gamier DS1 (HicaPni) DS3). i9abit Ethernet Wtopot.R.A. Area.NetWor (MAN) (GigaMAN, :.M0.N, Oi T- E-MAN, CSMF- EPLS -W,AN, Muitl Protocol l abut w to ing MPIA (AWN, N$ work Bas$d Firpwall, ANTRA n (poi 1t olbt i i,..tlh6 Ol- over. S O N ET i N R AI $witched 561Switched Digttai Services (SM) ill 1 Nt� }yy{ ATM. S.b 1 4� j r Fn omet 13 Age .noy Hoste 1� 1. DSL D L Virtual PriVM Net (AV PN, Not 5a sed i irewa11 ANI RA) 8nfis entr x VO NA i Included Servic qt r Des Corgi rvi�e$. Products A ut om atic Cowen Intra Calling Local Usage Zone 1 3} (included on .C2 E xch2ngS ServicOa} a 4 ,kTTACHMEN `5 E)aIlUr A. -2 devised: Amendment Igo. 1 FED -25 --2010 01:28 ATT Bidg,'wiring Services (Autornatic Servtoe Coverage on G2 Svcs) Jacks/Wiring [aside Wire Repair Plan(Voice)(Il sub6oribed tQ) lnsidi� Wire Repair Plan (Data (1f p ubscribed Lol M Additionad Terms and Conditions 1: The parti,�,:; agree to conduct a lirriited trial of AT&V s Enhanecd centrex VDNA ServiIO'S under the following ccnditialls: a, The trial shall last no longer than 60 days; hi* The trial shall involve n o morn than 15 liars; c_ Nora -Statz Agency shall bo. charged fo the VDNA Services as ,sit forth ire the Contract-, d. At any paint during the 60 day trial pariod, Non State Agency may olcct to either tarmina.te the trial and all VDNA Servims without termination penalty or may Gorr�mit to obtain such VDNA. Services txclLisively through the Contract and this ATO for a two. (2) ycar commitmtl t period htginning with the date of election. P AGE 5 ATTACMENT 5 ExHtBIT A -2 Reprised. Amendm N o, 1 P. 05/05 TOTAL P.O5 CITY OF AL_AMED►A Memorandum To: Honorable Mayor and Members of the city council From: Ann Marie Gallant Interim city Manager Date: March 16, 2010 Re: Adopt a Resolution Authorizing the Interim City Manager to File an Application for Federal Jobs for Gain Street Act of 2010 Funding for the Harbor Bay Parkway Rehabilitation Project and Stating the Assurance to complete the Project BACKGROUND Congress passed the American Recovery and Reinvestment Act of 2009 (ARRA), which included investment in a broad range of infrastructure. The city of Alameda has received allocations of $1 ,304,000 for the rehabilitation of central Avenue from Webster Street to Pacific Avenue, and $350,000 for the rehabilitation of Buena Vista Avenue from Grand Street to Willow Street. A similar bill known as the Jobs for Main Street Act of 2010, which will include $27.5 billion for highway infrastructure investment, is expected to be approved later this month. The amount allocated to the City of Alameda for 2010 is expected to be similar to last year's. DISCUSSION The Jobs for Main Street Act requires cities to execute a construction contract within 90 days of the enactment of the bill to be eligible for funds. Assuming a mid -March enactment of the bill, Caltrans has proposed that construction contracts be executed by raid -June 2010. On February 11, 2010, the Public Works Department submitted a proposal to Caltrans to resurface Harbor Bay Parkway (HBP) from Doolittle Drive to Maitland Drive. The required field and environmental review was held on February 17, 2010. Caltrans expects to provide the city with the authority to advertise for bids by early May 2010 and award raid -June. The proposed resurfacing project will reconstruct portions of the pavement and resurface HBP, from Doolittle Drive to Maitland Drive. HBP is a 1.1-mile arterial that serves Harbor Bay Business Park, the Harbor Bay Ferry Terminal, and Oakland International Airport, via Ron Cowan Parkway. The portions of pavement nearest to Doolittle Drive and Maitland Drive will be resurfaced with asphalt concrete, while the majority of the street between the two intersections will be resurfaced with a rubberized City Council Report Re: Agenda Item #4wE Honorable Mayor and March 16, 2014 Members of the city council Page 2 of 2 asphalt cape seal. The cape seal will maximize the resurfacing for the available funds. The rubberized asphalt cape seal is expected to extend the street's useful life by ten years. FINANCIAL IMPACT The funds for the City's annual resurfacing program are identified in the Capital Improvement Program (Project No. 82- 01 -29). The cost to resurface HBP is estimated at $1.7 million. The project is to be funded with approximately $1.3 million in federal economic Jobs for Main Street funds and $400,000 in Prop 42 funds. M UNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE This action does not affect the Alameda Municipal Code. ENVIRONMENTAL REVIEW In accordance with the California Environmental Quality Act (CEQA), this project is Categorically Exempt under CEQA Guidelines Section 15301(c), Existing Facilities. In accordance with the National Environmental Protection Act (NEPA), this project is Categorically Excluded under 23 CFR 771.117(d), activity (d)(1) Highway Rehabilitation. RECOMMENDATION Adopt a resolution authorizing the Interim City Manager to file an application for Federal Jobs for Main street Act of 2016 funding for the Harbor Bay Parkway rehabilitation project and stating the assurance to complete the project. Approved as to f nds and account, Evelyn Leung Interim Supervising Accountant s CITY OF ALAMEDA RESOLUTION NO. E 0 LL 0i 0. 0. 20' AUTHORIZING THE INTERIM CITY MANAGER TO FILE AN APPLICATION FOR FEDERAL JOB FOR MAIN STREET ACT OF 2010 FUNDING FOR THE HARBOR BAY PARKWAY REHABILITATION PROJECT. AND STATING THE ASSURANCE TO COMPLETE THE PROJECT WHEREAS, THE CITY OF ALAMEDA (h referred as APPLICANT is submittin an application to the Metropolitan Transp Commission MTC for approximatel $1,304,000. in fundin fr.om.the.: federal Jobs for Main Street Act of 2010 for the HARBOR. BAY PARKWAY:. REHABILITATION PROJECT (herein referred as PROJECT) for the MT.C. Re Jobs for Main Street Act Pro (MTC Resolution No. 3943);.a WHEREAS, pursuan to Jobs for Main street..Act of 20. and an re and/or g uidance promul there.unde r, eli project sponsors wishin to receive Re Jobs for .Main Street Act.of 2010 funds for a t pro shall sub an application -first with the appropriate :Metropolitan Plannin Or (MPO), for review and inclusion in the MP Transportation Improvement Pro (TIP) and WHEREAS, the MTC is the MPO for the nine counties of the San Francisco Ba re and WHEREAS, MTC has adopted a Re Project. Fu De Polic (MTC. Resolution No. 3606, revised applicable to federal Jobs for Main Street Act of 2010 fund deliver and.has adopted (or is scheduled :to:adopt) in IVITC Resolution No.. 394.3. such additional requ..i.reme.nts. as are. necessar or. appropriate to meet the obli deadlines in the Job for M i Street S a n Act of 2010 and WHEREAS, APPLICANT is an eli project sponsor fo r s. for Main J Street Act of 201 funds and WHEREAS, as part of the application for Jobs for Main Street Act of 2010 fundin MTC re a resolution adopted b the responsible implementin a statin the followin 1) that the sponsor understands. that the Jobs for Main Street. Act of 2010 fundin is fixed at the pro amount, and therefore �an cost increase cannot be expected to be funded with additional Jobs for plain Street Act of 201 or other MTC-pro funds and 2 that PROJECT will compl with the procedures specified in MTC's Re Project Fundin Deliver Polic (MTC Resolution No.. 3606 revised and with all project-specific re as set forth in MTC's Re ARRA Pro (MTC Resolution No. 3943 and PROJECT as Resolution #4 CC 03-16-10 described in the application, and if approved, as included in MTC's TIP, and 3 that PROJECT will compl with all the project-specific re as set forth in the federal Jobs for Main Street Act of 2010 and appropriate applicable re or g uidance. NOW, THEREFORE, BE IT RESOLVED that the Cit Council. o f the Cit of Alameda authorizes the Interim Cit Mana to execute and file an application for fundin under the Jobs for Main Street Act of 2010 for HARBOR BAY PARKWAY REHABILITATION. BE IT FURTHER RESOLVED that the APPLICANT b adoptin this resolution does hereb state that: 1. APPLICANT understands that the Jobs:for Main Street Act of 2010 fundin for the project is fixed at the MTC approved pro amount, and that an cost. increases must be funded b the APPLICANT from other funds, and that APPLICANT does not expect an cost increases .to be funded -with. additional Jobs for Alain Street Act o f 201 O.or MTC- pro fund and 2. APPLICANT under the fun deadline associated. with these funds and will compl with the applicable provisions and re of the Re ARRA Program (MTC Resolution No. 3943) and Re g ional Project Fundin Deliver Polic (MTC.Resolution No. 3606, as .revise a nd 3. PROJECT will be. implemented as. des in. the complete application and. in. this resolution and, if approved, for the amount p r o gr ammed in t and 4. PROJECT will compl with all the pro re as set forth in the Jobs for Main Street Act of 2010 and appropriate applicable re g ulations. o r g uidance. BE IT FURTHER. RESOLV that there is no le impediment to APPLICANT makin applications for.the funds. BE IT FURTHER RESOLVED that there is no pendin .or threatened liti that mi in an -wa adversel affect the proposed PROJECT, or the abilit of APPLICANT to d such PROJECT. BE IT FURTHER .RESOLVED. that APPLICANT authorizes its Executive Director, General Mana or desi to execute and file an.application with MTC for Jobs for Main Street Act of 2010 fundin for the PROJECT as referenced in this resolution. BE IT FURTHER RESOLVED that a cop of this resolution will be transmitted to the MTC in conjunction with the filin of the application. BE IT FURTHER RESOLVED that the MTC is re to support the application for the PROJECT described in the resolution and to include the PROJECT, if approved, in MTC's TIP. 1, the undersi hereb certif that the fore Resolution was dul and re adopted and passed b the Council of the Cit of Alameda in re meetin assembled on the 16th da of March, 2010, b the followin vote to wit: AYES.- NOES: ABSENT: ABSTENTIONS: IN WITNESS, WHEREOF, I have hereunto set m hand and affixed the official seal of said Cit this 17th da of March, 2010. Lara Weisi Cit Clerk Cit of Alameda CITY of ALA EDA Memorandum To: Honorable Mayor and Members of the City council From: Ann Marie Gallant Interim City Manager Date: Larch 16, 2010 Re: Introduce an ordinance Amending sections 30 -37.6 of the Alameda Municipal code Related to Design Review Approval Expiration and Extension I J 3 h P►1� r In Alameda, design review approvals expire. in one year unless. construction has commenced. The approval may be extended for one add itional ear. ..I n .contrast, use permit and variance approvals expire in two years and can be extended for up to an additional two years. If a design review approval is attached to .a variance pp a roval or use permit approval, then the design review permit is good for. two years, with opportunity for. a two year extension. Tentative Maps (subdivis'trs of r�o ert ex pire p p y p. within two years u nless a Final Map is approved and recorded. I 2009,. the Leg islature approved a statewide extension on all .tentative subdivision maps in recd nition of the g. statewide economic downturn. The proposed amendments to the Alameda Municipal Code (AMC} design review regulations are intended to: establish consistent expiration and .extensi p on rovisions for design review, use permit, and variance approvals; and provide some relief for Alameda property owners who are required to delay construction on approved projects due to the current economic recession. The Planning Board unanimously recommended approval of the draft amendments on February 8, 2010. DISCUSSION The City of Alameda Community Development Department processed 285 design review applications in 200 255 applications in 2008, and 154 in 2009. Many. of these proposals where unable to proceed due to the economic downturn that ..has been especially difficult in the Bay Area. Many homeowners and .prope.rty owners have been unable to acquire construction loans for their projects. Others postponed their ro J 'ects p over concerns about the security of their personal financial situation, with rising unemployment and significant job losses through almost every sector of the Ba y Area City council Report ale: Agenda Item #4 -F t Honorable Mayor and Larch 16, 2010 Members of the City Council Pag 2 of 3 economy. As a result of these delays, many of these design review approvals have or will be expiring. If any property owner with an expired design review approval wishes to commence construction in 2010 or 2011 as the Bay Area's economic conditions stabilize or hopefully improves these property owners will be required to completes re -do the design review approval process. This requires reapplying for approval, paying the applications fees again, re- noticing the neighbors, and re- holding public hearings, if a hearing is required for the project. Staff and the Planning Board are recommending an amendment to AMC Section 30- 37.6 Expiration and Extension to extend the expiration date for. valid design review permits from one to two years and increase the available permit extension from one year to two years. The amendment simplifies the City's permitting processes by establishing consistent expiration and extension provisions for design review, use permit and variance approvals. Staff is unable to identify a compelling reason tv require different ex iration p periods for a design review approval than a variance approval, which required design review. Code provisions that include unnecessarily confusing and counter intuitive requirements cause confusion and frustration with the permit process. The amendment also provides additional time for Alameda property .owners to..acquire the necessary financing and /or economic resources to commence construction on approved projects. For homeowners who may not be aware that their permits have expired, this revision would allover staff to grant them the two -year extension, rovided p. that the extension does not extend the permit beyond the four -yeas limit. Finally, the amendment preserves the City's ability to deny an extension if the on inal approval roval is g no longer consistent with current City standards and requirements. FINANCIAL IMPACT There is no financial impact from adopting the recommended Code amendments. MUNICIPAL CODE /POLICY DOCUMENT CROSS REFERENCE The proposed zoning text amendment will improve the efl:ectiveness and understanding of the Design Review program. and minimize unnecessary additional fees and processes for Alameda property .owners with previously approved desi n review errrits g p thereby facilitating achievement of General Plan goals to e.ncoura .ge improvement and maintenance of Alameda's historic neighborhoods and commercial streets. and properties. Honorable Mayor and Members of the City council ENVIRONMENTAL REVIEW March 10, 2010 Page 3of3 The proposed amendments are categorically exempt from CEQA pursuant to CEQA Guidelines Section 15305 Minor Alterations in Land Use Limitations, The proposed amendments amend the review process for Design Review and do not increase the intensity or density of use that would be permitted on property in Alameda. RECOMMENDATION Introduce an Ordinance amending Sections 30 -37.0 of the Alameda Municipal Code related to Design Review approval expiration and extension. CITY OF ALAMEDA ORDINANCE NO. New Series I AMENDING SECTIONS 30 -37.6 OF THE ALAMEDA MUNICIPAL CODE L RELATED TO DESIGN REVIEW APPROVAL EXPIRATION AND a EXTENSION ao �y 1 BE IT ORDAINED by the City Council of the City of Alameda: Findings. r w In enacting this Section, the City Council finds as follows: 1. The amendments maintain the integrity of the General Plan. The proposed zoning tent amendments are necessary .to ensure .that design review can be uniformly and efficiently processed and assist..staff in attaining General Plan goals to develop a protection of Alameda's historic neighborhoods and small town character as stated in the City's Design Element. The proposed amendments will also simplify and improve the design review process in Alameda and provide relief for property owners who are required to delay construction o approved projects 2. The amendments will. support the general welfare of the community. The proposed zoning text .amendment will not negatively affect. the general welfare of the community. only projects with valid design review p ermits will be allowed to proceed to construction. The amendments provide relief to property owners that may have been required to dela construction due to the worldwide economic downturn by .not requiring them to pay for renewing permits. 3. The amendments are equitable. The proposed zoning amend is equitable in that it established a consistent expiration and extension requirements for all design review projects, irrespective of whether they are joined with a variance or use permit. Section 1 Section 30- -37.0 of the Alameda Municipal code is hereby amended to read as follows: Introduction of ordinance #4.Fcc 03 -16 -10 30 -37.6 Expiration and Extension. Design Review approval shall expire two (2) years from the initial date of approval unless construction has commenced under valid permits. Design review approval may be extended upon application for up to two (2) additional years from the date of expiration. Section 2 Severability Clause. It is the. declared intent of the City Council of Alameda that if any section, subsection, sentence, clause, phrase, or provision of this ordinance is held invalid or. uneonstitutio.nal by a court of competent jurisdiction, such invalidity or unconstitutien.aIity shall not.. be so construed as to render invalid or unconstitutional the remaining provision of this ordinance. Section 3 This ordinance and the rules., regulations, provisions, requirements, orders, and matters. established. and adopted hereby shall take effect and be in full force and effect from and after the expiration of thirty (30) days from the date of its final passage. Section 4 CEQA. The proposed. amend ments..are categorically exempt from CEQA pursuant. to CE.QA Guidelines. Section 15305 Minor Alterations in Land. Use Limitations.. The proposed amerndrnents amend the. review process far Design Review and de not. increase the intensity or density of use that would be permitted on property in Alameda: Presiding Officer of the city Council Attest: Lara Weisiger, city clerk City of Alameda I, the undersigned, hereby certify that the foregoing ordinance was duly and regularly adopted and passed by Council of the City of Alameda in regular meeting assembled on the day of 20 o, by the following vote to wit: AYES: NOES: ABSENT: ABSTENTIONS: IN WITNESS, WHEREOF, I have hereunto set nay hand and affixed the official seal of said city this day of 20 1 o. Lara Weisiger, city clerk City of Alameda Proposal for Regional Pension Reform Alameda County City Managers Association Contra Costa County Public Managers Association February 2, 2010 Introduction After reviewing the work of several other regional California City Management associations on pension reform, the Alameda County City Managers Association and the Contra Costa County Public Managers Association established a joint working group on pension reform to make recommendations to our respective organizations regarding regional public pension reform.. The need for such a working group is rooted in the following concerns: 1. The general state of the economy has sparked a public outcry over public pensions that may lead to overreaching and inappropriate pension reform by statewide initiative. 2. The majority of current public pension programs under the California Public Employee Retirement System (CalPERS) and most other public retirement systems in California are not financially sustainable. 3. It is important for cities in the swine geographic region to work toward a uniform set of goals for pension reform so as to avoid an inherent competitive disadvantage in hiring qualified staff. The working group concluded that existing pension programs have worked well to support career local government employees for decades; however, there is a growing recognition that they are not financially sustainable. To that end, the public managers recommend a new tier pension offering that could be implemented by the great majority of cities in Alameda and Contra Costa Counties through the bargaining process. Such pension offerings would not affect existing employees who have vested rights to the current pension programs, but would affect new employees after a date certain and be both sustainable and defensible. As to existing employees, the public managers recommend that public employers require employees through labor negotiations to fund a portion of their pensions through direct payroll contributions. In these difficult economic times, this will create an immediate annual operating savings for public agencies as well as create more parity within the workplace as it relates to future new tier pension offerings. Background For more than 70 years, the State of California and local governments have offered a "defined benefit" retirement plan to employees. This system provides a guaranteed annual pension based upon retirement age, salary, years of service and the appropriate benefit factor multiplier. Most, but not all, municipalities in California participate in the California Public Employees' Retirement System (CalPERS). All municipalities in Alameda /Contra Costa County, with the exception of the Cities /Towns of Danville, Lafayette and Orinda and the Counties of Alameda and Contra Costa, are CalPERS members. City Council CM Communication Agenda item #a =A 03-16-10 The goal of pension reform is to provide current and future employees with an appropriate pension upon retirement after a career in public service. The benefit level should be set to be fair and adequate, but fiscally sustainable for employers and taxpayers. Any proposal for such a regional pension standard must be based on sound actuarial work. Many financial planners and actuaries suggest that a replacement of 65% to 75% of salary is needed to provide a reasonable retirement income. Financial Planners take into account lower expenses in retirement and public workers saving for their own retirement; e.g. contribution to a 457 Plan rather than relying on CalPERS for a 100% replacement of pre retirement income. While we recognize that the defined benefit plan has worked for decades and should be retained at some level, it is clear that defined benefit pensions are increasingly rare in the private sector. The great majority of private employers offer "defined contribution" plans where the employer contribution is a fixed amount and the benefits are based on contributions and investment earnings. These plans put the risk largely on the employee to amass and manage assets to ensure adequate income after retirement. Such 457 and 401 (k) plans, and the like, have not performed well in recent years due to turmoil in the markets. Yet, there is a growing sentiment amongst the public and opinion leaders that State and local government workers should be forced to defined contribution plans. We believe this would be a mistake, for the following reasons: Defined benefit plans have proven to be more efficient than defined contribution plans for delivering pension benefits. Defined benefit plan investments generally earn far more than defined contribution plans, because they are professionally managed. Defined benefit plans offer lower fees and cover disability retirements and death benefits that are not included in defined contribution plans. Further, defined benefit plans offer a protection for inflation and manage longevity risk better than defined contribution plans by pooling larger numbers of people. Loving from a defined benefit plan to a defined contribution plan entails large start-up costs and forces changes in asset allocations that will produce lower investment results in the defined benefit plan that remains for existing employees. In other words, a forced conversion to a defined contribution plan would cost the taxpayers more for many years. However, defined benefit plans have become more expensive in recent years. In the late 1990s, when Ca1PERS was earning extraordinary returns on its portfolio, the California Legislature enacted significant benefit enhancements for public employees in the CalPERS systems that were optional for participating local governments. Market conditions at that time led to "super funding" of local government pensions causing management and labor to seek increased benefits to stay competitive. It is now common for public safety officers to retire close to age 50 with almost a full pre retirement salary under the 3% at 50 Plan. These increased benefits have proven to be unsustainable and need to be rolled back to more appropriate pre -1999levels. The costs for these defined benefit plans vary based on two factors: the benefits paid to retirccs, and returns earned by investments. The pension funds are not immune to stock market declines, and CalPERS has suffered staggering losses in its portfolio since raid 2008. while the market is showing some resiliency, member agencies will be called upon to pay significantly increased Contributions over the next 30 years to fund pensions for current employees and make up huge losses. Because of the global recession, local revenues are significantly depressed. The two major or city revenue sources, property taxes and sales taxes are not expected to recover to their previous levels for some time perhaps years. The CalPERS policy adopted June 16, 2009, spreads the deep losses over the next thirty years, beginning I .20 10 and- rising throUgh 2013 The i ncr eased rates may well hit cities j ust as they are finally beginning to escape from the effects of the recession. As such, pension costs will soon escalate beyond our ability to manage theme while the benefits exceed what taxpayers themselves can receive and what is needed to attract qualified employees. The local government t pensio SitUation will become untenable. In the past five years, a number of proposals have been introduced to reform the public pension system in California. To date, no effective reform action has been taken by CAPERS, the Governor, or the State Legislature. Several organizations are now considering ballot initiatives that would reform the pension system in response to the inaction of State government. It is for this reason the working group has met on this subject several times since August and involved experts to assess the financial impacts of a systematic and regional reform effort. our findings follow. Findings The public managers groups recognize that the most effective reform would be addressed at a statewide level with consistent pension standards for all. Ideally this would be accomplished through the State legislature, but could occur through the initiative process. However, poorly conceived pension reform by initiative could lead to greater costs for taxpayers and harm local government's ability to attract and retain qualified employees. By acting as a region, no one city will be disadvantaged by pension reform. Therefore, the managers groups support the goal of a modified level of retirement benefits for all new city employees in the Alameda /Contra Costa region. The managers also recommend that current employees pay for a portion of their pensions and that a new pension tier be created for city employees hired after the reforms are negotiated by the respective cities, with the following features: 1) Current employees shall participate in the funding of their pensions in all cities. This reform will generate immediate budgetary savings to cities to the extent that existing employees participate in paying for their own retirement. Savings could initially range from l g% of CalPERS -able payroll annually. 2) New Tier Retirement Proposal Safety employees 2% at 50 (which rises to 2.7% at age 55 or older); Miscellaneous employees 2% at do (which rises to 2.418% at age 63 or older); and Average of highest three years compensation as basis for pension calculation. The proposed new tier will deliver savings over a much longer time period as it affects only new hires after a new tier becomes effective. When the majority of employees are under a new tier, cities can expect to save approximately 2% of payroll per year. within 30 years, annual savings of 5 7 of payroll can be expected through reduction in the normal cost of the PERS contribution. The new tier will also lower each city's volatility index (ratio of assets held for pension payments to payroll), which will help stabilize future rate increases. These changes must be negotiated and implemented at the local level. Each city has a responsibility to meet and confer in good faith to reach agreement with its bargaining units. These reforms would. provide adequate and sustainable pension s fog long --terms emplo yees in Alameda/Coiitra Costa County cities and eiiha ice fiscal sustai -ability throL g .out the region. 11 Next 5 Given that the two Management Associations have adopted these goals for pension reform, the following steps need to be taken: The City .Managers Department of the League of California Cities has asked that regional approaches to pension reform be a topic of a panel discussion at the annual meeting in February 2010. The League Public Employment Committee and Board are also investigating pension reform recommendations on a statewide basis. Ideally, these efforts would result in a consistent policy from the League that can be advocated to the Legislature and Governor. The managers groups also recommend that Alameda and Contra Costa cities work with the League to seek legislative pension reform at the State level. These reforms should, at a minimum, include: Establishing a reasonable benefit cap for miscellaneous employees and safety employees, including retaining safeguards against spiking which creates pensions of 100% or more of final salary; Giving employers flexibility to determine when part --time employees are entitled to pension benefits; and Changing CalPERS Board membership to achieve better employeelelnployer balance and greater public agency representation; and .Allowing existing employees to be enrolled in negotiated new tier plans on a prospective basis. The East Bay Division of the League of California Cities should advocate these changes to the League Board and to our State representatives. The working group identified further potential legislative amendments that could be important in overall pension reform efforts. They are not outlined here, as we focused on highlighting the factors most critical to local agencies. It will be valuable for individual City representatives to articulate other identified possible legislative changes of interest. we suggest that information be provided to the League Board through the East Bay Division, the City Managers Department, the Employee Relations Department and the Employee Relations Policy Committee. Short of comprehensive State action, any significant pension reform will only happen on a city -by- city basis. Individual city managers will need to discuss these recommendations with their city councils and seek direction to begin negotiating pension reform as labor agreements expire. In this way, sustainable and defensible pension plans will become the norm, over time, among Alameda /Contra Costa County cities. It is clearly understood that not all cities will reach these goals to the same extent within the same time frame. Members of the Pension Reform Task Force, listed below, are available as resources to explain the research and discussion that led to this recommended set of goals for local pension reform. P I ension Reform Task Force Members Larry Cheeves k i L I Liu Belinda Espinosa b 11 _0 S Nelson Fialho 11 0 PI, a, U-'�-.I Michelle Fitzer U z ii, 6, v i i. lo I e, c a, U, S Steve Hollister C'� S I CI Herb Moniz 0 Joni Pattillo 'i 01-1 i, Ilatti I I 0'��il)'Ci 'C"ILIE)l ill cal;ws Gar Pokorn P(-1),D-,OI-,,I a 1'rI Mike Se Julie Yuan-Miu C 'Eli <I I CITY OF ALA IEDA Memorandum To: Honorable Mayor and Members of the City Council From: Ann Marie Gallant Interim City Manager Date: March 18, 2010 Re: Hold a Public Hearing to Consider a Call for Review of the Planning Board's Modification of a Use Permit for Extended Hours of Operation at the Kohl's Store Located at 2201 South Shore Center BACKGROUND On October 7, 2008, the City Council held a hearing to consider the Environmental Impact Report for the proposed expansion of the Alameda Towne Center and certain planned development conditions regarding late night deliveries and late night hours of operation for businesses at Alameda Towne Centre. The City Council: Certified the Environmental Impact Report; Rejected a proposal to allow all businesses at Alameda Towne Centre to remain open until 12:00 midnight; Required that any business requesting to stay open for business beyond 10:00 pm or before.7 :00 am apply for a use permit individually; Allowed all restaurants. at the Centre.to stay open .until 12:00 midnight; and Allowed Kohl's to stay open for business between 6 :00. am and 12:00 midnight during the "Christmas holiday season The City Council. resolution re q uired that staff determine the starting and ending date of the "Christmas holiday season Based upon comments made by the City Council during the discussion, staff determined that the "Christmas holiday season" for Kohl's should begin on Thanksgiving Day and end on January first each year. In 2009, staff began to receive complaints about the stare, and it became clear that the on -site managers at Kohl's were not .aware of the limitations placed on the store b y the City Council's action. In September 2009, Kohl's requested use per approval for additional extended hours of operation to. accommodate their special sales events throughout the year. Their September 30 request is attached as Exhibit 1. On November 9, 2009, the Planning Board reviewed the Kohl's request, which was described and summarized in the staff report and draft resolutions as a request to stay open for business: The October 7, 2008 Council motion and discussion can be reviewed on the City of Alameda webcast at w r.ci.alameda.ca.us (item 813 at approximately hour 8- minute 12 on the tape CitY Council Public Hearing Agenda Item #61-A 03 =16 -10 Honorable Mayor and Members of the City Council March 16, 2010 Page 2of7 Until 11.00 pm for up to 35 days per year, Until midnight for up to 36 mays per year between November I and January I each year, Until midnight for one day a year for a "sales tax holiday" sale between January I and November I. Before 7:00 am on two days a year the Friday after Thanksgiving (4 :00 are opening) and the Saturday before Christmas (5 :O0 am). It is important to note that staff's description (above) of the Kohl's written request (Exhibit 1) inadvertently omitted the request to open on three Saturdays before Thanksgiving before 6:00 am. For that reason, the Planning Board never considered that portion of the request. At the November 9 th hearing, the Planning Board rejected the first art of the request p q (open until 11 :00 pm on 86 days throughout the year) and approved the balance of the request as presented by staff in the report and draft resolution. During the deliberations, the Board stated that the balance of the request was a reasonable and limited expansion of the City council's on t final approval, because it essentially extended the holiday season from November 26 to [November 1s clarified that on two days during the holiday period, the store would open before 6:00 am; and included one additional day a year for a "sales tax holiday The Planning Board did not address or consider the Kohl's request to open on three Saturdays at 6:04 am between November 1 st and November 26 The November 9 th Planning Board resolution of approval states: the Plannin g Board of the city of Alameda hereby approves Use Permit, PLN09 -0330 for extended store hours subject to compliance with the following conditions: 1. The Kohl "s store may slay open for business: a. Until midnight for up to 36 days per year between November I and January I each year, b. Until midnight for one day a year for a "sales tax holiday" sale between January I and November 1. c. Before T am on two clays a year: the Friday after Thanksgiving (4:00 am opening) and the Saturday before Christmas (5..00 are). d. On all other days, the store small not open before T am or close after 10 :00 parr. Soon after the meeting, Kohl's opened for business at 6:00 am on Saturday, November 14 and Saturday, November 21 st. An Alameda resident purchased items from the store before 7:00 am on those two mornings, and then submitted those receipts to the City of Alameda on November 23 as evidence that Kohl's was in violation of its November 9 th use permit. Honorable Mayor and larch 16, 2010 Members of the City Council Page 3 of 7 Staff reviewed the complaint and determined that the two 6:00 am openings prior to Thanksgiving were in fact a violation of the November 9 use permit. Pursuant to conditions #5 and #6 of the use permit, staff noticed the use permit for a January 11, 2010 Planning Board public hearing to review the use permit. Conditions ##5 and #6 of the November 9 use permit read as follows: "5. In the event that the City documents two violations of these conditions, the City shall autornatically s et a date for a revocation hearing before the Planning Board. "6. This Use Permit may be modified or revoked by the Planning Board pursuant to Alameda Municipal Code Section 30 21.3d should the Planning Board determine that: 1) the use or conditions under which it is bein g operated or maintained is detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity; 2) the property is operated or maintained so as to constitute a public nui sance; or 3) the use is operated in violation of the conditions of the Use Permit. On January 11, 2010, the Planning Board held a public hearing to review the Kohl's use permit. At the same hearing the Planning Board held a public hearing to consider a request by Safeway to make deliveries between the hours of 4:00 am and 6:00. am. Prior to the hearing, staff circulated an extensive public notice, which described both the Kohl's item and the Safeway item. The Board received over 70 letters in opposition to the Safeway item and many public speakers attended the hearing in opposition to the Safeway request; two Alameda residents spoke in opposition to the staff recommendation on the Kohl's item. After reviewing the record and staff's recommendation, the Board unanimously approved a modification to the use permit conditions of approval to read as follows: "The Kohl's store may sta open for business: a. From 6:00 am to 12 midnight between November I and January I and for one day a year for a "sales tax holiday" sale between January I and No 1. b. From 4:44 any to midnight on the Frida after Thanksgiving and from 5:00 any to midnight on the Saturday before Christmas. c. With the exception of the one "sales tax holiday" between January 2n and October 31, the store will not open before 7 :00 am or close after 10 pm between January 2nd and October 31st." DISCUSSION Upon review of the documents, there seems to be no dispute that Kohl's was in violation of its use permit conditions, and that the two violations required a review of the use permit by the Planning Board per conditions ##5 and #6. Honorable Mayor and March 16, 2910 Members of the City Council Page 4 of 7 The City Council's October 8, 2998 condition allows the store to open at 8:90 am after November 25 The Planning Board's November 9, 2009 condition allows the store to stay open until midnight after November 1 Neither condition allows the store too en th before 7.99 am between November 1 st and November 25 Unfortunately, neither the November 9 th staff report nor the Plannin g Board's November deliberations considered the Kohl's request to open for business on "3 Saturdays in November prior to Thanksgiving" (Exhibit 1) Staffs failure to include the request for three Saturday mornings in early November was an oversight. Due to this oversight, neither the recommended resolution of approval nor the Planning Board's motions considered the request for the three early Saturday morning openings before Thanksgiving. The Kohl's store management was unaware that that part of the request had not been approved, and staff was not aware of the oversight until staff received the resident's complaint about the store being open on Saturday November 14 and 21 st. Per condition #5, staff noticed the item for the next available Planning oard hearing g on January 11, 2410. Given the City's 20 -day extended public notification requirements, advertisements for the December 14 meeting were due to the newspaper on November 20. Given the sequence of events, neither staff, nor the Planning Board believed it was appropriate to revoke the Kohl's use permit for extended hours. Instead, both staff and the Planning Board felt that it was appropriate to modify and clarify the use permit to allow the Saturday morning 8:90 am openings. The Planning Board's January 11 modification to the use permit clarifies and modifies the existing approvals to: 1. Define the "holiday season" as November 1 through January 1, allowing the store to open at 6:99 am and close at midnight during this period. 2. Allow the store to open at 4:00 am on the Friday after Thanksgiving and at 5:90 am on the Friday before Christmas during the "holiday season and 3. Allow the store to open at 6:99 am and close at midnight on a single day of the year outside of the `holiday season" for a "sales tax holiday" After some deliberation and discussion, the Planning Board agreed that the revised language: Is clear and understandable. Reconciles the Planning Board's 2999 action with the City Council's 2908 action. For example: o The prior use permit language was not clear as to whether the "[.until midnight for up to 36 clays per year between November I and January I each year," replaced or supplemented the City Council's action to allow the store to stay open until midnight between November 25 and January 1, which is also approximately 36 days, o The prior use permit language was not clear as to whether the allowance to open on two days before 7:00 any was in addition to or a replacement to the Honorable Mayor and Members of the City Council March 16, 2010 Page 5 of 7 City Council's action to allow the store to open at 0 any between November 25 and January 1. Is more easily enforceable because the revised, simplified language largely eliminates the numeric limit on the number of days that the store is open late or early during the "holiday season Neither the staff nor the Board felt that it would be practical for future Kohl's' staff or future City staff to be counting and monitoring whether the store had been open for 30 nights or 37 nights or whether it was open for three Saturdays or two Saturdays and a Friday before Thanksgiving. As revised, the store can open at 0:00 am and close at midnight on any day between November 1 st and January 1 Kohl's does not expect to actually do so for more than 36 days during that period, but neither staff nor the Planning Board felt that it would be prudent to try to set a numerical limit on the number of days during that period. This approach is consistent with the City Council's approach in 2008. The January 1 1 t Planning Board staff report also included the followin g information in support of the recommendation: Safeway, Walgreens, 24 -hour Fitness and the restaurants are allowed to stay open until 12 midnight or later under existing permits. Extending the hours as requested for Kohl's will not result in significant changes to the environment in the center or the surrounding neighborhood. The extended business hours may result in additional customers in the morning hours at the shopping center, but it will not result in a noticeable increase in truck traffic in the city. Any additional sales taxes generated by the extended hours will provide additional funds to the City of Alameda General Fund which funds the parks, recreational facilities, police and fire services, and other services which are critical to the high quality of life expected by Alameda residents. The extended hours will not result in a need for significant additional City resources, such as police or fire protection, given that other stores are already open during these hours at the center and the nature of the use does not generate noise, safety or other issues that are typically associated with other late -night uses, such as bars or theaters, which may result in the need for additional city service calls. If Kohl's is successful at Alameda Towne Centre, the other businesses at the center will benefit, and the Centre will be able to continue attracting the higher end retailers and restaurants that many Alameda residents have been requesting. City Council Options: Pursuant to the Alameda [Municipal Code call for review procedures, the city Council may affirm, reverse, or modify the Planning Board's January 1 i" use permit approval. If the City Council wishes to further reduce the number of days within the November V to Honorable mayor and March 16, 2010 Members of the City Council Page 6 o f 7 January V time frame during which extended hours would be allowed the Council could modify the Planning Board's condition of approval as follows: "The kohl's store may stay opera for business: a. From 6:00 am to 12: oo midn ht for a maximum of 4o days between November I and January I and for one day a year for a "sales tax holiday" sale between January 2 and October 31. b. From 4:00 are to midnight on the Friday after Thanksgiving and from 5:00 are to midnight on the Saturday before Christmas. c. With the exception of the one "sales tax holiday', between January 2 and October 31, the store will not open before Too are or close after 10. pm between January 2 and October 31. r, Although the potential modification is acceptable to Kohl's and represents about four or five additional days over the City Council's original October 2008 "Thanksgiving through Christmas" approval, staff did not recommend this language to the Planning Board because annual monitoring and enforcement of the condition will require Kohl's Alameda staff, City staff and/or the community to annually count the number of days that Kohl's stays open late or opens early. A simpler "November 1 5# to January Vt" limitation without a numeric limit on the number of days would be easier for Kohl's Alameda staff, City staff, and other interested parties to remember, monitor and enforce. FINANCIAL IMPACT Upholding the Planning Board decision has no financial impact on the City. The costs to notify the public ($400 postage) and staff costs to prepare the associated mailings, postings and staff reports for this call for review will need to be absorbed by the Community Development Department budget. There are no identified funding sources to reimburse the department for these expenses. Per AMC section 30 -25.4 d there is no fee required for a call for review. MUNICIPAL CODE /POLICY DOCUMENT CROSS REFERENCE The Planning Board's action is consistent with the provisions of the Municipal Code regarding Use Permit approvals and review included in Section 30 -21.3. ENVIRONMENTAL REVIEW Use Permit: Pursuant to CEQA Guidelines 15301 (Minor /Modifications to Existing Use), the extension of the use permits categorically exempt. The use permit extensions are a minor modification to existing permits. Honorable Mayor and Members of the City Council RECOMMENDATION March 16, 2014 Page 7 of 7 Uphold the Planning Board's modification of a use permit for extended hours of operation at the Kohl's Store located at 2201 South shore Center. Appr ved as to funds and account, Evelyn Leung Interim Supervising Accountant AT: n m Exhibits: 1. September 2009 Letter from Kohl's 2. January 2010 Planning Board Resolution CC: Planning Board t Writer's Diree Dial: (262) 703-2255 Facsimile: (262) 703 7274 E -mail: sarah.n%n @kohls.com September 3 Q, 2009 VILA UPS AND EMAIL DELIVERY Andrew Thomas, ACID Planning Services Manager Planning and Building Department 2263 Santa Clara Avenue, Room 1. 90 Alameda, CA94501 Yh: 510-747-688 Be; Kohl's Stare Hours at Alameda Towne Centex' Dear Andrew: Kohl's would like the Planning Board and the citizens in the neighborhood surrounding the Alameda Towne Center shopping center to consider allowing Kohl's to remain opens beyond the restricted hours, as you know hours at the center are currently restricted to those between 7:00 am and 10:00 pm, which are extended to 6:40 am and I1:00p m during the Christmas Holiday Season*. Kohl's requests a. change to the permitted hours to have this store match Kohl's national operating hours as set forth below: �vt ,PnAaA T-Lnnvve Opening Time: Kohl's requests use permit approval to allow additional store hours of operation on 6 mornings before the permitted time. The breakdown of the 6 days are as follows: (i) 2 days during the Christmas Holiday Season (Friday moaning after Thanksgiving and the Saturday morning before Christmas Day) Kohl's asks to be open before 6 :00 am, (ii) 3 Saturdays in November prior to Thanksgiving Kohl's desires to open at 6:00 am, and (M) the day after Christmas Kohl's would like to open at 6: 00 am. Closing Time. Kohl's also requests use permit approval to allow additional store hours of operation on 121 days to remain open past the permitted time. The 121 days are comprised of (i) 85 days during the months of January to October on which Kohl's would like to stay open to 11 :00 pm, (ii) the 28 days (except Thanksgiving :day when Kohl's is closed) which begin the day before Thanksgiving and continues to the day before Christmas Eve on which. Kohl's desires to be open to midnight, (iii) the 3 Fridays and 3 Saturdays in November prior to Thanksgiving on which Kohl's desi es to be open to nuda.ight, (iv) the day advertised locally as a "Sales 'I'm" event on which :Kohl's desires to be open to midnight and (v) New 'Y'ears Day on which Kohl's desires to be open to midnight. *Far purposes of this request Kohl's is assuming n strict interpretation of Christmas Holiday Season to mean the period beginning with Thanksgiving Day =4 ending on Christmas Day. CORPORATE OFFICES e N56 W17000 RiDGEWOOD DRIVE MENOMONEE FALLS, WISCONSIN 53061 (262) 703 -7000 City Council Exhibit I to Public Hearing Agenda item #6-A 03 -16 -10 Andrew Thomas, ACIP Ptann ng Services Manager Planning and Building Department 2263 Santa Clara Avenue, Room. 190 Alameda, CA94501 Page 2 Please feel free to give me a call regarding any of the above information or if you require a further breakdown. Kohl's leaks forward to working with the Alameda Planning Board and citizens of the neighborhood surrounding the Alameda Towne Center shopping center. Sincerely, Sarah J. .Ryan Director, Property Development Lave Kvs CITY OF ALAMEDA PLANNING BOARD Amendment to RESOLUTION PB09-21 RESOLUTION NO, P1310 A RESOLUTION OF THE PLANNING BOARD OF THE CITY OF ALAMEDA GRANTING APPROVAL OF USE PERMIT PLN09 -0330 AT 2207 SOUTHSHORE CENTER (Kohl's) WHEREAS, an application was made by Kohl's, requesting a Use Permit to allow extended hours of operation outside the hours of 7:00 a.m. to 10:00 p.m.; and WHEREAS, the project site is located within a c -2 -PD, Central Business District, Planned Development Combining District; and WHEREAS, the project site is designated Community Commercial on the General Flan Diagram; and WHEREAS, Planning Board held a public hearing on this application on October 12, 2009; and on January 11 2010; and WHEREAS on October 12, 2009 the Planning Board approved extended hours for Kohl's, and WHEREAS, the Planning Board has made the following findings concerning the project: 1. The location of the proposed use is compatible with other land uses in the general neighborhood area, and the project design and size is architecturally, aesthetically, and operationally harmonious with the community and surrounding development, Kohl's is part of an existing shopping center that has been in continuous operation since the 1950's. The proposed change in hours of operation to .allow extended hours is compatible with the mix of commercial uses in the neighborhood and is not expected to generate significant impacts on residential uses, due to the store's location across the street and over 400 feet from residential properties. Several other businesses in the shopping center including restaurants, grocery stores and drug stores operate with extended hours. The granting of extended hours will have no effect on existing structures. 2. The proposed use will be served b ade transportation and service facilities, includin pedestrian, bic and transit facilities. The proposed use is adequately served by a large parking lot and transit service. During the extended hours (before 7 am and after 10 pm) the parking lot provides ample parking for the use. City Council Exhibit 2 to Public Hearing Agenda Item #C -A 03-16-10 3. The proposed use, if it complies with all conditions upon which approval is made contingent, will not adversely affect other property in the vicinity and will not have significant deleterious effects on existing business districts or the local economy, The extension in store hours will not result in any increase in traffic during peak traffic hours. Any increase in traffic will be minimal and will occur during periods when traffic volumes are very lour. The City has evaluated potential impacts associated with the ongoing operation and expansion of the shopping center, including twenty -four hour deliveries. In 2003, the City adopted a Mitigated Negative Declaration (MND) for the proposed expansion and redevelopment of the center. In 20039 the City certified an Environmental impact Report (EIR) that evaluated. an additional expansion of the center. In both cases, no significant impacts that could not be adequately mitigated were identified. 4. The proposed use relates favorably to the General Flan. General Plan Retail Business and Services guiding polio 2.5.d states, encourage the continuing improvements to the South Shore Center" (Alameda Towne Centre). 'Granting extended hours will allow this business to continue to thrive and provide a higher level of customer service. This, in turn, supports the continued improvements to the South Shore Center (now known as Alameda Towne Centre). BE IT RESOLVED THAT, the project is Categorically Exempt from additional environmental review pursuant to CEQA Guidelines Section 15301 Existing Facilities and 15162 Subsequent EIRs and Negative Declarations. BE IT FURTHER RESOLVED THAT the Planning Board of the City of Alameda hereby modifies Use Permit, PLN09 -0330 for extended store hours subject to compliance with the following conditions: 1. The Kohl's store may stay open for business: a. From 6:00 a.m. to 12 midnight between November 1 and January 1 and for one day a year for a "sales tax holiday" sale between January 1 and November 1. b. From 4:00 a.m. to midnight on the Friday after Thanksgiving and from 5:00 am to midnight on the Saturday before Christmas. c. With the exception of the one "sales tax holiday", between January 2nd and October 31, the store will not open before 7:00 am or close after 10 pm between January 2nd and October 31st. 2. The loading and unloading of trues "truck deliveries at the store is permitted between 7:00 any and 10:00 pm daily, and prohibited after 10:00 pm or before 7:00 am daily. 3. All delivery trucks shall limit engine idling to a maximum of 5 minutes. 4. All delivery activities shall be conducted in compliance with the requirements of the Noise Ordinance 5. In the event that the City documents two violations of these conditions, the City shall automatically set a date for a revocation hearing before the Planning Board. 6. Revocation: This Use Permit may be modified or revoked by the Planning Board pursuant to Alameda Municipal Code Section 30 -21.3d should the Planning Board determine that: 1) the use or conditions under which it is being operated or maintained is detrimental to the public health, welfare r materially injurious to property or improvements in the vicinity; 2} the property is operated or maintained so as to constitute a public nuisance; or 3 the use is operated in violation of the conditions of the Use Permit. 7. (Hold Harmless and Indemnification: The applicant shall defend (with counsel reasonably acceptable to the City), indemnify, and hold harmless the City of Alameda, its Redevelopment Agency, the Alameda City Planning Board and their respective agents, officers, and employees from any claim, action, or proceeding (including legal costs and attorney's fees) against the city of Alameda, Alameda Redevelopment Agency, Alameda City Planning Board and their respective agents, officers or employees to attach, set aside, void or annul, an approval by the City of Alameda, the Community Development Department, Alameda City Planning Board, the City. of Alameda Redevelopment Agency or City Council relating to this project. The City shell promptly notify the applicant of any claim, action or proceeding and the City shall cooperate in such defense. The City may elect, in its sole discretion, to participate in the defense of said claim, action, or proceeding. NOTICE. No judicial proceedings subject to review pursuant to California Code of Civil Procedure Section 1094.5 may be prosecuted more than ninety (00) days following the date of this decision plus extensions authorized by California Code of Civil Procedure Section 1094.6 NOTICE. The conditions of project approval set forth herein include certain fees and other exactions. Pursuant to Government Code Section 00020 (d) (1), these Conditions constitute written notice of a statement of the amount of such fees, and a description of the dedications, reservations and exactions. The applicant is hereby further notified that the 90 -day appeal period, in which the applicant ma.y.protest these fees and other exactions, pursuant to Government Code Section 05020 (a) has begun. If the applicant fails to file a protest within this 90 -day period complying with all requirements of Section 56020, the applicant will be legally barred from later challenging such fees or exactions. The decision of the Planning Board shall be final unless appealed to the city Council, in writing and within ten (10) days of the decision, by filing with the Community Development Department a written notice of appeal stating the basis of appeal and paying the required fees. 1, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the Planning Board of the city of Alameda during the Regular Meeting of the Planning Board on the I 1 th day of January, 2010, by the following vote to wit: AYES: (7) Kohlstrand, Ezzy Ashcraft, Autorino, Cook, Cunningham, Lynch and Zuppan NOES: 0) ABSENT: (0) ATT Jan i Secr tart' City of Alameda Planning Board XTERNAL CORRESPONDENCE Agenda 03m16m2010 11111 1 1 correspondence r, Ite #6=A on the i e I i a g: W-M Clerk's C) 6 7101 4' 2 1� 1� ke., Itein 6-A Pubb.hic, lc� C' �Fr br R.c e 'he Plann`114.51 'Nlodif of- perrnil l'or Imended 1-4our, o -11 0 pp,4 --I r a io n a t, h c K c� R, .�orc� Ct��,ritcn ofIR-ol �rzdl Res-di.1tirm. -S 41 j Loriated S,,c,.,i_ah S1 914 tlonor��_blc, ?Vla N,4avor ind COUIMN'A ;L": ricx that Alari:­Wda Uy d .1 w. .1. a p _.,ob j I wn n a` KofiWs Store local use e solAth sbol%w ceater. �,ts, 1%e,,"t()TDTDV Ac k, fl `itv's h 1`h].(,,� Kohi's Is r1l, o t! r 1p. -the A"an"i-cua F 9 �}'y E: .1 k{'� a 6 3 d� L., 3- SA�way, As sucti.. it is u pnia"i"fal, �4 C fre the, sirnal.bnl­ I itores in the `TwNvnc, Cen(,ru lv of; "emer kzscps a saies taxeS� 1,rl Allamcda... civ.,nd, ofrcrs S to I --csi Koh S, a'S hoir S., n- i J.4 f'l 11 a, T I 10're, I S o Lill S i ra escse� S 1H fl,"Ic vvill e, z, s c noie j h D.as tAcn over ,,i no, n -pro d-vct,1 ivc, sitc� g yy a 3° 5 x 4 �41 i Ir ea fr o m s o 1, 1: this- P i 4's 4 I'au tdlW IS 11 Mlednlai, t I _0 V �_.Ixpccl hotirs in i. i a t s* c t I I t u-, i A s t, y �s 1 AS), -tar is 11 S S I t 0 r c en Ir npo aw, So- dhal KcliFS, can a6dvert.L.e. 1�0, re-- trm­q oni 0 r, e r�_='+ �:�.k' "C":E "�k Ci­ J ss e-nenation, qUftc S RIT) 4 1 a fi -c 11 jttrS it r I C� EA, c e r 3 '4 c S: p 611 si�,c e�zs atlmictj.�,.e ule zr�...,alkc .1 1 -1 1 CS' I s1k I L L' `74 47fj rn rn K., 1-t'-na "I"ani 0 CP rn of Alameda City, Santa C A v Almne-111a, C al'� A-corn a.. 9-45 ke., Itein 6-A Pubb.hic, lc� C' �Fr br R.c e 'he Plann`114.51 'Nlodif of- perrnil l'or Imended 1-4our, o -11 0 pp,4 --I r a io n a t, h c K c� R, .�orc� Ct��,ritcn ofIR-ol �rzdl Res-di.1tirm. -S 41 j Loriated S,,c,.,i_ah S1 914 tlonor��_blc, ?Vla N,4avor ind COUIMN'A ;L": ricx that Alari:­Wda Uy d .1 w. .1. a p _.,ob j I wn n a` KofiWs Store local use e solAth sbol%w ceater. �,ts, 1%e,,"t()TDTDV Ac k, fl `itv's h 1`h].(,,� Kohi's Is r1l, o t! r 1p. -the A"an"i-cua F 9 �}'y E: .1 k{'� a 6 3 d� L., 3- SA�way, As sucti.. it is u pnia"i"fal, �4 C fre the, sirnal.bnl­ I itores in the `TwNvnc, Cen(,ru lv of; "emer kzscps a saies taxeS� 1,rl Allamcda... civ.,nd, ofrcrs S to I --csi Koh S, a'S hoir S., n- i J.4 f'l 11 a, T I 10're, I S o Lill S i ra escse� S 1H fl,"Ic vvill e, z, s c noie j h D.as tAcn over ,,i no, n -pro d-vct,1 ivc, sitc� g yy a 3° 5 x 4 �41 i Ir ea fr o m s o 1, 1: this- P i 4's 4 I'au tdlW IS 11 Mlednlai, t I _0 V �_.Ixpccl hotirs in i. i a t s* c t I I t u-, i A s t, y �s 1 AS), -tar is 11 S S I t 0 r c en Ir npo aw, So- dhal KcliFS, can a6dvert.L.e. 1�0, re-- trm­q oni 0 r, e r�_='+ �:�.k' "C":E "�k Ci­ J ss e-nenation, qUftc S RIT) 4 1 a fi -c 11 jttrS it r I C� EA, c e r 3 '4 c S: p 611 si�,c e�zs atlmictj.�,.e ule zr�...,alkc .1 1 -1 1 OT41:S1 p.rn 03--02-2010 2 "s Kioh"s alway's rrieS Io -site ils ;-,,lad itores so all N), el r c)pet urs can D ardi, -ed 10 11-1 01 "i c (411FS SY-1V to zis dus—ussCk] :1010ve "trid 00"'i be j P C11 S, �F, �_f 4 o n IN e 0�111­v rna re:�,31'1e:rs, Kch]"'S noceds- soknn�_, exl 0 a 1 e.���u k P 4 vvith KohV3 k. ex-tetFlat Its moer;illnt 1-Iours Hd,._ivv s---,ason Ile _1M i ho" d A. Al �u ek-, I flidatv" aInd 0P, til".1, satunt'l! opw a at j b b nl? nri s 1.,i s. i the inin"'111 Appro mroposed usL.� 'ffrl't Vvi 10�,v the Alam,�, 'a K i ol ls r zi Kcthl' stcvt-- "0 o J, �1 r mcf-ir a s i t o i i Ko 1 s P, a i 4 1 Ch �Z�, vvil u 4c"Ji, 1 41 A r Q. T1 S, 74-14,out- Fi-intess sat )d sl ut V J�L I'No�ernlut. 1, 1 0 v i z yy -x r•q'} i -5 ZT '�RTC_ �111 VIM-d to miduniah'a. or r(,--st-,,iurants i-n tDe 0" P C e. 1.1 ]Eler will no.t v ic�mflv ch:,inoc the Uricler emsting perinits, ft, -ox in. Kr,)41",s to st", I vv �,J r .1 -t ve 11 nte kk e `ttntre or t sun-roulldifla nood, ncu L, create, �i need i' I I I i" i T :Idsclit_X-ml�d 6t4° 1e..° soj.Fn 'T's, `Wl C r" Vklc rc�so I p n, lta'- Si ksms 1 1 1 3 0, al so rcc Oxasider enforLement he use P JC, T nAs� i I e s fl "e 009 st,'�Ves ,al pa of 1 4 -1th -te es n" two +kn �S, Nr 3 t u 3 if e, i .I s 1 1".5 -�44 I be auto r rcrn ut fcaonditi= -m tj I I n �t ti[ r u s,­ 111�14,1, Li C P'Crr_111. Y�l I to r -a oc aTa 1-10wever, t, vvnul' d s e�Nj bdorc, Mmn;iin B lt V 10 _'On c m ri c. an. d Of Prc-,v ding, d uL, ru c s� s "or the C k 11 rc ve In'. iu cvnc "onn mc,%re -111han, Onl-,��, vve su t f hat., ie, C y -onsi3er C4. reason,aWe -I C, V 0 i ILA W e S u; Id 0 cic., u i•o r V. an U A I ""ice a Tm.c%n-Jhh %V(�,,Jld b,--:- a Jot niore fl., p a 4 standa.-I for an automm+ica` sctxcitued revocatio%n fieziriji A NI�Y" conc-%,.,n­uMq:y Kohl's requestf-d us,- C p1:211,1111-t silatt-A. 11-1 the st-al, I rmom d •ftlajAAk, the Mayar and, tllk, 110cinbers 0, ca-.reful considcr--�xvicn "NI: eser-, Az c iss,ies, ana nrt:-,sp 11n-;t you uphcfld tond `1-t the I g B o w- c 1 e-, use IL p (-I- f K o fil t s. rector of I. r0per1V r V C i j D*j K-1-A)F's "MI -m-off rage l of i Lara Weisi Fwd: Kohl's extended holida hours at ATC From: Beverly .Johnson To: Ann Marie Gallant; CITY CLERK Date: 3/2/2010 11:04 AM Subject: Fwd: Kohl's extended holiday hours at ATC "Cathy Leong" <cathy @cairdea.ccm> 3/2/2010 9 :05 AM Good morning, Madame Mayor Neighbor! I am emailing you as I will be unable to attend the Council meeting this evening but want to address this. Thanks in advance for your time. It has come to my attention (and concern) that there is discussion centered around how many days Kohl's should have the right to open early at 6:00 a.m. (during the holidays) I thought the Planning Board approved Kohl's ability to open starting at 6 :00 a. m. from Nov 1 to until Dec 31 to capture the most business (and lax dollars)seeing that a FEW people would shop before going to work, to work out or whatever so as to fit SHOPPING IN ALAMEDA into their schedules. Not only is the importance of becoming a City who works WITH our business community (especially one of THE main anchors in town) but also, ESPECIALLY during these economically challenging limes how can we afford to LOOSE ANY MOR TAX DOLLARS This was passed by the PB and now it is being challenged WHY? Pardon me but believe we all know there are SUCH bigger challenges facing our city that this should be a non issue. Thanks once again for your time PS see you at the B&GC gala on Saturday! Cathy Leong Cairdea Design Marketing 2517 Blanding Avenue Alameda, CA. 04501 2: 510 748 9708 x 107 A: 510 9020 I �71 ca ly@c.a rdea ..c.om I www.cairdea.com visit us on FACEBOOK Click on the link below to see how Cairdea can help improve your business tt p :lls ite s. g o o g l e.co m/s i te/caird eai ncentives file /C: ,Docum and Settingslcc_ user \Local Settings\ Temp \XPgrpwise14B8CFOD7Alam... 3/2/2010 CLAIRE- YEATON -R.ISL .Y v t T�} V l 10 Grand Street a JA- Aa�1ed a, CA 94501 ;cr y Fa 5 C Cq ray. r e- ma11:cyeatonr1slev a liotina]1.com Z. January 29, 2010 The Honorable mayor Jolinson Vice Mayor deHaan Council Member Gilmore Coancll Me -iber Matarrese Council Member Tarn A revocation hearing on the documented violations of Kohl's use permit was held by the Planning Board on January 11, 2010. That hearing was authorized by the provisions of Alameda Municipal Code "AMC 30 -21.3 (d) which permits the Planning Board to "revoke" a use permit at such a hearing, Instead of penalizing Kohl's, the Planning Board expanded Kohl's use permit! In doing so, the Planning Board relied on language in its November 9, 2009 resolution granting use permit, which allows the use permit to be "modified or revoked" at a revocation hearing. The expansion of Kohl's use permit at a revocation hearing is inconsistent with the sta tutory scheme set forth the Alameda Municipal Code. I ask you to set aside the January 11, 201 resolution and to provide such guidance as you deem appropriate to avoid such inconsistencies in the future. As you may recall, on October 7, 2008 at an appeal of a Planning Board decision this Council limited Kohl's store opening hours generally to 7:00am to 10:00prn except during the "holiday period" when they are permitted to remain open until midnight. At the November 9, 2009 meeting the Planning Board expanded this permission to inclide a total of 30 midnight closings but prohibiting opening hours before 7:00 am with limited exceptions. Bee footnote number 3 below, Then on January 11, 2010, at the revocation hearing, the Planning Board expanded Kohl's permitted opening hours on all days from November first to January first to allover openings from 0 :00arn to midnight! What happened on January 11 set a really bad precedent for future code enforcement. Essentially Kohl's has managed to get the Planning Board to reconsider and expand the very limited use permit that was granted by the Planning Board last November. This was done even AMC 30-21.31 (d) states: Revocation. In the event of a violation of any of the provisions of the zoning regulations, or in the event of a failure to comply with any prescribed condition of approval, the City Planning Board may, after notice and heariii1a, r evolve any use permit( emphasis added). 2 That resolution states: Revocation: This Use Permit may be modified or revoke by the Plan Board pursuant to A] arneda Munici.paI Code Section :30 -2 l .3d shouId the Planning Board determine that: 1) the use or conditions wider which it is being operated or mahitaiied is detrimental to the public healthy, welfare or materially in ious to property or improvements in the vicinity 2)the property is operated or maintained so as to constitute a, public nuisance; or the Use is operated in. violation of the conditions of the Use Permit. ^1 1) At its November 9, 2009 meeting, the I'laiming Board adopted a resolLItioll allowinG Kohl's to stay open for business: Re: Agenda to #6 -B 0 0 -a3 -2o 0 though the time for Kohl's to appeal had passed and it was done without paying the applicable appeal fees! Kohl's couldn't have done this if it had not violated its new use permit. The expanded uses were part of a much broader request before the Planning Board at its November meeting and were barred from further consideration for three years by AMC 30 21.8.' The revocation hearing was triggered by two documented violations of Kohl's use permit. Clearly the intent of this provision was to allow the Planning Board to enforce its restrictions be curtailing or altogether revoking the permit- not by expanding it, This Planning Board decision has far reaching implications. For instance, at its January 11, meeting, the Planning Board decided that the sleep of residents who lure on our truck routes was more important than Safeway's desire to start receiving deliveries at 42m and refused to extend Safeway's use permit. In December 2009 Safeway was granted a limited use permit with the same revocation /modification language as that in Kohl's. Some of the residents who opposed Safeway intend to monitor Safeway's compliance. what they are beginning to realize is that this could backfire, as it did with Kohl's. They Gould document two violations (or Safeway could maneuver for that to happen), City staff would be required to schedule a 'revocation hearing', and the Planning Board could expand Safeway's delivery hours, Safeway can get a second bite at the apple, so to speak, anytime it wants, without having to go before the City Council and pay appeal fees, and if Safeway loses in the next round before the Planning board then it can always appeal within the 10 day period (which as you can see, keeps being renewed ley code violations). In the meanwhile the residents who have successfully opposed Safeway's requests, have to repeatedly rally their troops before the Planning Board or this Council. Now to the merits. Kohl's actively participated in the 2008 appeal to the City Council that cut back on the opening hours that the Planning Board would have given them. Nonetheless, from the moment that Kohl's opened its doors, it has violated the restrictions that the City Council imposed. when this was brought before the Planning Board in November 2009, Kohl's store manager stated that she was unaware of the restrictions but would henceforth comply. Tile district manager for all of the northern California stores was also present and spoke to the Planning Board. Both the Store Manager and the Northern California District Manager were present when the Planning Board made its decision. Five days later Kohl's opened an hour before it was allowed to do so. It repeated the violation the following week. It used Lip the total of 36 late night openings that you and the Planning Board had given it before Christmas. and continued to stay open after 10 pm! when Kohl's store marager was asked to explain this at the January 11, 2010 Planning Board meeting she explained, once again, that she didn't understand! So instead of punishing Kohl's, the Planning Board expanded its opening hours, so. that the manager Wouldn't be confused! Unti.l midnight for up to 36 days per year between November 1 and January 1 each year, Until. midnight for one day a year for a "sales tat holiday" salt between January i and NTovember 1, Before 7 :00 AM on M days a year: the Friday after Thard saiving (4 :00 AM openincy) and the Saturday before Christmas (5:00 AMA On all other days, the store snail not open before i :00air oi close after 1 0:00 pin. 4 AMC 30w2 I.8 states: Limitation on New Application. In case an application is denied by the Zoning dm. �istrator, Planning Board, or, on appeal, by the City Council. it shall not he eligible for resubmitted for three(3) years fi the date of denial, unless, in the opinion of the Zoning' Admiiiisti new evidence is submitted in N citing or conditions have chanced to an event that further consideration is warranted. The way the "revocation" larguage in these recently granted use permits is being interpreted is also cheating the City out of filing fees that it should be getting. Not only has Kohl's avoided paying for an appeal to the City Council, but it effectivel got a second application to the Planning Board, which was framed as a revocation hearing so it didr't have to pay any additional fees despite that t=act that, additional staff time, additional notices and additional Planning Board consideration at a separate meeting was required. Thank you for taking time out of your busy schedules to consider this. I hereby incorporate by reference all of the comments, both written or oral, whenever made, including prior comments before the Planning Board, and those of other individuals, entities and agencies who comment on any and all applications for use permits to allow Kohl's to stay open for business outside of the hours between 7:00 am and 10:00 pm. Respectfully submitted, Cla-ir "eaton- Risley (2I212U I U) Sara we s Uity council comments February 1, 2010 The Honorable Mayor Johnson Vice Mayor deHaan Council Member Gilmore Council Member Matarrese Council Member Tam RE: 6 -13. Public I--- fearing to Consider a Call for Review of the Planning Board's Modification of a Use Permit for Extended Hours of Operation at the Kohl's Store Located at 2201 South Share Center, and Adoption of belated Resolution. (Community Development) Members of the City Council, We are writing to request that you overturn the January 11 Planning Board decision to expand the hours of the Kohl's store use permit at Alameda Towne Centre (ATC). Under condition #5 of the November 9 Kohl's use permit, documented violations of the use permit require the City to set a date for a revocation hearing before the Planning Board. Despite the fact that Kohl's had two documented violations of its use permit, a revocation hearing was not held. Planning Board agenda item 9a on January 11 states: 9 -A Review of the Use Permit for Kohl's Department Store. Use Permit review allowing additional store hours of operation on certain mornings before 7:00 am and on certain nights until 12.00 midnight. Kohl "s is located at 2201 South Shore Center in the C -2 PD (Central Business Planned Development) Zoning District in Alameda. Instead of a revocation hearing, a hearing was held to consider additional store hours, and those hours were granted. This hearing and decision were improper. With the 2009 cuts in City staffing, city staff has told neighbors of ATC that there is no city code enforcement officer available to document after -hours code violations at the mall. Neighbors have recently stepped in to document some of the violations, and this was the case with Kohl's. If neighbors are to take on the burden of watching the mall, there has to be a common understanding of process. Our understanding was that two documented violations of a use permit Would lead to a revocation hearing. This was not the case with Kohl's. We ask that you set aside the decision of the Planning Board and order a revocation hearing. Thank you, Michael and Dolores Radding 2450 Otis Drive Alameda, CA 94501 f r Re: Agenda/1" tem #6 -B 2-3-10 Page CITY OF ALAMEDA RESOLUTION ND. UPHOLDING THE PLANNING BOARD'S DECISION AND APPROVING MODIFIED USE PERMIT PLN09 -0330 AT 2201 SOUTHSHORE CENTER (Kohl's) 0 U 0 "i WHEREAS, an application was made by Kohl's, requesting a Use Permit to allow extended hours of operation outside the hours of 7:00 a.m. to 10:00 p.m.; and WHEREAS, the project site is located within a C -2 -PD, Central Business District, Planned Development combining District; and WHEREAS, the project site is designated Community Commercial on the General Plan Diagram; and WHEREAS, Planning Board held a public hearing on this application on November 9, 2009; and on January 11, 2010; and WHEREAS, after considering all materials submitted and all comments made by all parties, including staff, regarding this application, the Planning.Board made the requisite findings and unanimously to approve the modified use permit application for extended hours subject to a number of conditions; and WHEREAS, the Alameda Municipal code provides that .decisions by the Planning Board may be called up for review by a member of the City Council within 10 days of the date of a Planning Board decision; and WHEREAS, the Planning Board's approval of PLN09 -0330 was called up for review by a member of the City council within the requisite tine frame; and WHEREAS, this council held a de nova public hearing on the use permit application at which all.materials submitted and all comments made by all parties, including staff, regarding this application were considered; and WHEREAS, the City council has made the following findings with respect to the use permit application: 1. The location of the proposed use is compatible with roher land .uses in the general neig hborhood area, and the project design and sire is architecturally, aesthetically, and operationally harmonious with the community and surrounding development. Kohl's is part of an existing shopping center that has been in continuous operation since the 1950's. The proposed change in hours of operation to allow extended hours is compatible with the mix of commercial uses in the neighborhood and is Resolution 6 -A 03 -16 -10 not expected to generate significant impacts on residential uses, due to the store's location across the street and over 400 feet from residential properties. several other businesses in the shopping center including restaurants, grocery stores and drug stores operate with extended hours. The granting of extended hours will have no effect on existing structures. 2. The proposed use will be served by adequate transportation and service facilities, including pedestrian, bicycle and transit facilities. The proposed use is adequately served by a large parking lot and transit service. During the extended hours (before 7 am and after 10 pm) the parking lot provides ample parking for the use. 3. The proposed use, if it complies with ail conditions upon which approval is made contingent, will not adversely affect other property in the vicinity and will not have significant deleterious effects onexisting business districts or the local economy. The extension in store hours will not result in any increase in traffic during peak traffic hours. Any increase in traffic will be minimal and will occur during periods when traffic volumes are very low. The City has evaluated potential impacts associated with the ongoing operation and expansion of the shopping center, including twenty -four hour deliveries. In 2003, the, City adopted a Mitigated Negative Declaration (MND) forthe proposed expansion and redevelopment of the center. In 2008, the City certified an Environmental Impact Report (E.IR).that evaluated an additional expansion of the center. In both cases, no significant impacts that could not be adequately mitigated were identified. 4. The proposed use relates favorably to the General Plan. General Plan Retail Business and services guiding policy 2.5.d states, encourage the continuing improvements to the South shore center" Alameda Towne Centre). Granting extended hours will allow this business to continue to pp thrive and provide a higher level of customer service. This, in turn, su arts the continued improvements to the south Shore center (now known as Alameda Towne centre). NOW, THEREFORE, BE IT RESOLVED THAT, the project is Categorically Exempt from additional environmental review pursuant to CEQA Guidelines Section 15301 Existing Facilities and 15162 subsequent EI Rs and Negative Declarations. BE IT FURTHER RESOLVED THAT the City Council of the city of Alameda hereby upholds the decision of the Planning Board and approves modifications to use Permit, PLN09 -0330 for extended store hours subject to compliance with the following conditions: 1. The Kohl's stare may stay open for business: a. From 5 :00 a.m. to 12 midnight between November 1 and January 1 and for one day a year for a "sales tax holiday" sale between January 1 and November 1. b. From 4 :00 a.m. to midnight on the Friday after Thanksgiving and from 5 :00 am to midnight on the Saturday before Christmas. c. With the exception of the one "sales tax holiday between January 2 nd and October 31, the store will not open before 7 ny 00 a or close after 10 prn between January 2nd and October 31st. 2. The loading and unloading of trucks "truck deliveries at the store is permitted between 7:00 am and 10:00 pm daily, and prohibited after 10 :00 prn or before 7 :00 am daily. 3. All delivery trucks shall limit engine idling to a maximum of 5 minutes. 4. All delivery activities shall be conducted in compliance with the requirements of the Noise Ordinance 5. In the event that the city documents two violations of these conditions, the City shall automatically set a date for a revocation hearing before the Planning Board. 0. Revocation: This Use Permit may be modified or revoked by the Planning Board pursuant to Alameda Municipal code section 30 -21.3d should the Planning Board determine that: 1) the use or conditions under which it is being operated or maintained is detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity; 2} the property is operated or maintained so as to constitute a public nuisance; or 3) the use is operated in violation of the conditions of the Use Permit. 7. Fold Harmless and Indemnification: The applicant shall defend (with counsel reasonably acceptable to the city), indemnify, and hold harmless the city of Alameda, its Redevelopment Agency, the Alameda city Planning Board and their respective agents, officers, and employees from any claim, action, or proceeding (including legal costs and attorney's fees) against the City of Alameda, Alameda Redevelopment Agency, Alameda City Planning Board and their respective agents, officers or employees to attack, set aside, void or annul, an approval by the city of Alameda, the Community Development Department, Alameda city Planning Board, the city of Alameda Redevelopment Agency or city council relating to this project. The city shall promptly notify the applicant of any claim, action or proceeding and the city shall cooperate in such defense. The city may elect, in its sale discretion, to participate in the defense of said claim, action, or proceeding. NOTICE. No judicial proceedings subject to review pursuant to California Code of Civil Procedure Section 1094.5 may be .prosecuted more than ninety (90) days following the date of this decision plus extensions authorized by California Code of Civil Procedure Section 1094.6 NOTICE. The conditions of project approval set forth herein include certain fees and other exactions. Pursuant to Government Code. Section 66020 (d) (1), these Conditions constitute written notice. of a statement of the amount of such fees, and a description of the dedications, reservations and exactions. The applicant is hereby further notified that the 90 -day appeal period, in which the applicant may protest these fees and other exactions, .pursuant to Government Code Section 66020 (a) .has begun. If the applicant fails to file a protest within this 90- day period complying with all requirements of Section 66020, the applicant will be legally barred from later challenging such fees or exactions. I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted. and passed by..the Council of the City of Alameda in a regular meeting assembled on the 2nd day of March, 2010 by the following vote to wit: AYES NOES: ABSENT: ABSTENTIONS: IN WITNESS, WHEREOF, 1 have .hereunto set my hand and affixed the seal of said City this 3rd day of March, 2010. Lara Weis ger, City Clerk City of Alameda CITY OF ALAM E DA Memorandum To: Honorable Mayor and Members of the city Council From: Ann Marie Gallant Interim City Manager Date: March 18 2010 Re: Adopt an Ordinance Adding subsection 30-5.15 to the .Alameda M u.nicipal Code to Prohibit the Operation of Medical Marijuana Dispensaries in the City of Alameda BACKGROUND In November 2008, the City. Council adopted a. moratorium on the establishment of medical marijuana dispensaries in the City of Alameda. The moratorium was extended on December 2, 2008 and is. set to. expire in June 2010. The .purpose of establishing the moratorium was to. give the -Cit y of Alameda time to establish appropriate amendments. for the Alameda. Mu n icipal Code far the regulation of the use. Currently, the Alameda Municipal Code .does not include or address this type of .use. In December 2009, staff .publicly noticed and made available for public consideration a recommendation to amend the municipal code to. prohibit medical. marijuana dispensaries in Alameda. The proposed amendment eras published .and distributed for public review in .the Planning Board. packet for December. .14, 2009,. but :.due .to a long agenda, the Planning Board continued its consideration of. the item to the regular meeting of January 11, 21 0. On January 11 to the Planning Board unanimously recommended that the Cit y Council not adopt the draft ordinance. The Planning Board recommended that the City Council refer the matter back to the staff and the Planning Board for further deliberation and hearings to allow time for preparation of a draft ordinance that might allow a limited number of dispensaries ..in carefully. controlled locations .and under certain limited conditions. Given the complete lack of policy direction. on this issue in. any existing city of Alameda documents (e.g. City charter, General Plan, or Municipal Code 1irnit ed staff, Board resources, and time, the Planning. Board felt that it could be inappropriate to continue the discussion and expend city and community resources arid. time..to craft a revised ordinance, if in fact, the City Council felt that such an effort would be. contrary to the best interests of the community. Therefore, the Planning Board recomrnbaded denial of the draft ordinance rather than co.ntinu.ing the item, which gives the City Council the ability to adopt the ordinance tonight, if the city Council so chooses. Honorable Mayor and Members of the City Council DISCUSSION March 16, 2010 Page 2of5 Medical marijuana raises a number or difficult legal, social, safety, and medical issues for the California cities. In 1970, congress enacted the Controlled Substances Act (CSA), which makes it illegal to import, manufacture, distribute, possess or use marijuana in the United States. In 1 990, California voters approved Proposition 215, or the Compassionate Use Act of 1996 (CUA), which allows a qualified person to use and cultivate marijuana for medical purposes. California voters approved this initiative in order to exempt certain patients and their primary caregivers from criminal liability for possession and cultivation of marijuana. In 2003, the state legislature enacted further regulations by passing Senate Bill 420, or the Medical Marijuana Program Act (IVIMP) to establish and maintain a program for voluntary registration of qualified patients and their primary caregivers through a statewide identification card. Since the passage of the CUA, "storefront" marijuana dispensaries began to open in jurisdictions around the state. These facilities operate as if they are pharmacies and often dispense different types of marijuana and some offer -baked goods that contain marijuana. Monetary donations are collected from patients or primary caregivers in exchange; since it would be a criminal violate to sell these items. Under federal law, the mere existence of these storefront dispensaries is illegal and some have been subject to raids. The use, possession, distribution and sale of marijuana remains illegal under federal law and the U.S. Supreme court has held that the federal government may enforce the CSA despite California law. Gonzales v. Raich, 125 S.Ct. 2195. Under California law, patients and their primary caregivers may grow and cultivate marijuana. Furthermore, the California Attorney General has adopted certain guidelines for interpretation and implementation of the State's medical marijuana laws and has stated that "[although medical marijuana "dispensaries" have been operating in California for years, dispensaries as such, are not recognized under the law. One purpose of the Compassionate Use Act and the Medical Marijuana Program is to encourage the federal and state governments to implement a plan to provide for the safe and affordable distribution of marijuana to all patients in medical need of marijuana. However, neither the federal nor the state government has implemented a plan to provide medical marijuana under these guidelines. The Medical Marijuana Program provides additional statutory guidance for medical marijuana use and- cultivation, but does not explicitly address the role of dispensaries, nor does it require cities provide for or allow the establishment and /or operation of medical marijuana dispensaries. Cities throughout California are struggling with this difficult and evolving legal and medical issue. This issue forces cities to balance the needs of qualified patients in need of relief with ten needs of the community to protect the public health and safety of Honorable Mayor and March 16, 2010 Members of the city council Page 3.of 5 the community from some of the unwanted potential impacts of such dispensaries. The California Police Chiefs Association. has compiled an extensive report detailing negative secondary effects associated with medical marijuana dispensaries. (Exhibit:1 on file in the City Clerk's Office The report contains anecdotal and documented evidence that medical marijuana dispensaries pose. a th reat to public health safet y :and welfare. The proposed ordinance does not prohibit nor.eliminate the availability and use of medical marijuana. The ordinance. guards agai abuses of the. law and responsibly protects the health, safety, and welfare of Alp med.a'.s .residents and :businesses. The staff recommendation to. adopt a cit ide ban on medical mar disp ensaries is j p based upon the following considerations: 1 The legal and regulatory. context is evolving. Cities. arou the state are experimenting with different approaches to this new. land use, :sortie Frith modest success, and others Frith less success This is not a land use issue that larheda needs to or should be at the forefront. 2. The pro posed. prohibition is a simple ordinance that can be Basil amended at a y future date :if. t ie co mmunity wishes to. do so. It establishes. :a definition of "medica marijuana dispensary in the: M Code. and then establishes.. a cit ide prohibition on that us At. a :.future d ate., tithe. cityw prohibition o of the. ordinance .may. oe .ame cieci to allow dispensaries within certain locations under certain conditions if it is. the will of the City Council and community. 3. At. this. time, staff is unable. to identify any.locations .in Alameda. that .staff believes the community. would deern to be acceptable for medical marijuana I n reviewing potential locations in Alameda, staff mrhediately ruled out residential neighborhoods a nd: the Webster street `or Park 8treet:. commercia l areas based upon comments made by thos�s. business associations and the proximity of those business areas to residential areas. Once Alameda residential areas and the t o main commercial area a re removed front considerat the remainin g posSlble locations. include: the Northern Waterfront, M arina Villago corr�rnercial areas, the Harbor Bay Business Park, an d Alam eda point. Staff does not believe that there would be support for medical marijuana dispensaries at any. of these:location5..at this time. 4. Although staff could draft an ordi nance within a month al owing medical marijuana dispensaries in ..certain locations: under certain cond itions for public reilielr and discussion, any such :draft ordinan.ce. gill l ikely be the subject .of: intense pu blic debate. The community 11ll ll need. time to educate themselves and several hearings to: discuss: and debate this issu before the Planning :Board and. city Council. Given all of the. ther City. of Alameda priorities in 201 staff believes that such an effort will take erne and n ay not. be completed by November.20.10. The moratorium expires in June 20100 By state lave, the City: Cou ncil.: cannot extend the moratorium beyond. November .20.1 o. 5.. The city of Alameda. must get sore. type of regulation adopted before ..the moratorium expires. Although many cities around the state are struggling with this Honorable Mayor and Members of the City Council March 10, 2010 Page 4of5 issue, the cities that have allowed a number of unregulated dispensaries to open prior to the adoption of coordinated well thought out regulations are adopted now have two problems to address: 1} ghat should their regulations be, and 2) hoer do they deal with the existing non conforming dispensaries. Provided that Alameda amends its code prior to the expiration of the moratorium, Alameda can avoid having to address the difficult problem of existing non confirming dispensaries, because no such dispensaries currently exist in Alameda to our knowledge. and Alternatives a options At this tune, the City Council has at least three options: o The City Council may adopt the attached ordinance establishing a definition and citywide prohibition of Medical Marijuana Dispensaries. O The City Council may reject the attached ordinance as recommended by the Planning Board and direct staff to: 1) work with the Planning Board and community to develop a draft ordinance to allover medical marijuana dispensaries under certain limited conditions, and 2) return with the necessary ordinances if and when necessary to extend the moratorium until November 2010. Under this option, the Planning Board would. need to have a recommended ordinance to the City Council by late September or early October 2010 for City Council public hearings. O The City Council may adopt the attached ordinance prohibiting medical marijuana and direct staff to work with the Planning Board and community to develop a draft ordinance amendment to allover medical marijuana dispensaries under certain limited conditions. Under this third option, the Planning Board and community would not be constrained by the time limits of the moratorium, which might allow for a more thoughtful and less time sensitive public process. FINANCIAL IMPACT If the City Council adopts the staff recommendation, there would be no financial impact from the proposed action. If the City Council directs staff to work on a revised ordinance, the Community Development Department has a small remaining fund balance in the Community Planning Fund that may be used to fund staff time for this effort. The Community Planning Fund funds staff time for maintenance and update of the General Plan and Municipal Code. MUNICIPAL CODE /POLICY DOCUMENT CROSS REFERENCE The proposed ordinance would amend the Alameda Municipal Code by establishing new section 30 -5.15 Medical Marijuana Dispensaries. The proposed section does not conflict with any existing Municipal Code, General Plan or other city regulations or Honorable Mayor and Members of the City Council plans. ENVIRONMENTAL REVIEW March 16, 2010 Page 5of5 This ordinance is not subject to the California Environmental Quality Act "CEQA pursuant to 15060 (c )(2) (the activity will not result in a direct or reasonable foreseeable indirect physical change in the environment) and 15060 (c )(3) the activity is not a project as defined in 15378 of the CEQA Guidelines (Title 14, Chapter 3 of the California Code of Regulations) because it has no potential for resulting in physical change to the environment, directly or indirectly; it prevents changes in the environment pending the completion of the contemplated studies. This ordinance also is exempt from CEQA pursuant to the "common sense" exemption under 15061(b )(3) of the CEQA Guidelines, because the City Council hereby determines and finds that there is no possibility that the ordinance may have a significant effect on the environment. RECOMMENDATION Adopt an Ordinance Adding Subsection 30-5.15 to the Alameda Municipal code to Prohibit the Operation of medical Marijuana Dispensaries in the City of Alameda. Rf submitted, nd rew Thomas, Planning Services Manager Approved as to funds and account, Evelyn Leung Interim Supervising Accountant 1�II a 1717, Exhibit: 1. The California Police Chiefs Association Report -On file in the city Clerk's Office CC: Planning Board CITY OF ALAMEDA ORDINANCE No. New Series ADDING A NEW SECTION 30 -5.15 TO THE ALAMEDA MUNICIPAL CODE TO PROHIBIT THE OPERATION OF MEDICAL MARIJUANA U. DISPENSARIES IN THE CITY OF ALAMEDA BE IT ORDAINED by the City Council of the City of Alameda: y Section 1 Section 30-5.15 is hereby dded to the Alameda Municipal y p Code to read as follows. Section 30 -5.15. Medical Marijuana Dispensaries a. Findings. In enacting this Section, the City Council finds as follows: 1. In 1970, Congress enacted the Controlled Substances Act (CSA) which, among other things, makes it illegal to import, manufacture, distribute, possess or use marijuana in the United States. 2. In 1996, the voters of the State of California approved Proposition 215, also known as the Compassionate Use Act of 1996 (the Act), codified at Cal. Health &Safety Code (H &S) Sec. 11362.5 et seq. 3. The Act creates a limited exception from criminal liability for seriously ill persons who are in need of medical marijuana for specified medical purposes and who obtain and use medical marijuana under. limited, specified circumstances. 4. On January 1, 20 4, S.B. 420 gent into effect. S.B. 420, known as the "Medical Marijuana Program" (MMP) (codified at Cal.. N &S Code Secs. 11352.7 11302.83) was enacted. b y the state Legislature to clarify the scope of the Act and to allow cities and other governing bodies to adopt and enforce rules and regulations consistent with S.B. 420. 5. The Act expressly anticipates the enactment of additional local legislation. It provides: "Nothing in this section shall be construed to supersede legislation prohibiting persons from engaging in conduct that endangers others, nor to condone the diversion of marijuana for non medical purposes." Cal. H &S Code Sec. 11352.5. Introduction of ordinance #6 -13 03 -16 -10 0. The City Council takes legislative notice of the fact that several California cities and counties which have permitted the establishment of medical marijuana dispensaries have experienced serious adverse impacts associated with and resulting from such dispensaries. According to these communities, and according to news stories widely reported, medical marijuana dispensaries .have resulted in and/or caused an increase in crime, including burglaries, robberies, violence, illegal sales of marijuana to, and use of marijuana by, minors and other persons without medical need in the areas immediately surrounding such medical marijuana dispensaries. The City of Alameda reasonably could anticipate experiencing similar adverse impacts and effects. 7. The City council further takes legislative notice of a California Police Chiefs Association compilation of police reports, nevus stories and statistical research setting forth the adverse secondary impacts associated with medical marijuana dispensaries. http:// www .californiapolicechiefs.org /nav files /marijuana- files /Rese arch. html. 8. The City Council further takes legislative notice that as of July 2009, at least 29 cities and two counties in California have adopted moratoria or interim ordinances prohibiting medical marijuana dispensaries. The city Council further takes legislative. notice that as of July 2009, at least 111 cities. and seven counties .in California have adopted permanent prohibitions against medical mari dispensaries. 9. The City Council. further takes .legislative notice that the use possession, distribution and sale of marijuana remain illegal under the CSA; that the federal courts have recognized that despite California's Act and MMP, marijuana is deemed to have no accepted medical use .(Gonzales v. Raich, (2005) 545 U.S. 1; United States v. Oakland Cannabis Buyers' Cooperative, (2.001) 532 U.S. 483); that medical necessity has been ruled not to be a defense to prosecution under the CSA (United States v. Oakland Cannabis Buyers' Cooperative, (2001) 532 U. 483); and that the federal government properly may enforce the CSA despite the Act and MMP. (Gonzales v. Raich, (2005) 545 U.S. 1). 10. While the City Council in no manner intends or undertakes by the adoption of this ordinance to enforce federal law, the City Council is concerned about interfering with federal law enforcement efforts. 11. The City Council further takes legislative notice that concerns about non medical marijuana use arising in connection with the Act .and the MMP also have been recognized by state and federal courts. See, e.g., Bearman v. California Medical Bd. (2009) 17.6 Cal.App Ath 1588; People ex rel. L ungren v. Peron, (1997) 59 Cal.App Ath 1383, 1386 -1387; Gonzales v. Raich, (20 545 U.S. S. 1 32 n. 43. 1 2. Allowing medical marijuana dispensaries, and issuing permits, business licenses or other applicable licenses or entitlements providing for the establishment and /or operation of medical marijuana dispensaries poses a threat to the public health, safety and welfare. 13. An ordinance prohibiting medical marijuana dispensaries, and prohibiting the issuance of any permits, licenses and entitlements for medical marijuana dispensaries, is necessary and appropriate to maintain and protect the public health, safety and. welfare of the citizens of Alameda. 14. The City Council further takes legislative notice that the California Attorney General has adopted guidelines for the interpretation and implementation of the State's medical marijuana lames, entitled "GUIDELINES FOR THE.SECURITY AND NON-DI VERSION. OF MARIJUANA GROWN FOR MEDICAL... V (http://ag.ca.gov/cm atta press /pdfs /n 1601�n�edica1mariju anaguideiines.pdf.) The Attorney General has stated in the guidelines that "[although medical nariana "dispensaries" liege been operating in California for years, dispensaries, as such, are not recognized .under..the law. 15.The City Council further takes legislative notice that in City of Claremont v. Cruse (200.9) 177 Cal.App.4th 1153, the Court held that neither the Act nor the. l�f MP preempts cities from adop ting land p 9 use regulations for medical marijuana dispensaries. 16. The City Council further takes legislative notice. that the Act anticipates local regulations at Cal. H &S Code Sec. 11362.5(b)(2): "Nothing in this section shall be construed to .supersede legislation prohibiting persons from engaging in conduct that endan g ers others, nor to condone the. diversion of marijuana for n.onmed.ical purposes." b. Definitions. As used in this ordinance, the following terms shall be ascribed the following meanings: 1. "Medical Marijuana" means "marijuana" as that term is defined and used in the Act and the MMP, to grit, Cal. H &S Code Secs. 11362.5 11352.83. 2. "Medical marijuana dispensary" means any facility or location, whether fixed or mobile, where medical marijuana is provided,. sold, made available, or otherwise distributed to one or more of the following: a primary caregiver, a qualified patient or a person with an identification card. 3. A Medical Marijuana Dispensary shall not include the following uses, so long as such uses comply with .this .code, Cal. H &S Code Secs.11362.5, 11352.7 et seq., as amended, and other applicable laves: a) A clinic licensed pursuant to Chapter 1 (commencing with Sec. 1200) of Division 2 of the Cal. H &S .Code, as amended. b) A health care facility licensed pursuant to Chapter. 2 (commencing with Sec. 1250) of Division 2 of the Cal. H &S Code, as amended. c) A residential care facility for persons with chronic life- threatening illness licensed pursuant to Chapter 3.0.1 (commencing with Sec. 1568.01) of Division 2 of the Cal: H &S Code, as amended. d) A residential care .facility for the elderly licensed pursuant to Chapter 3.2 (commencing with Sec. 1569) of Division 2 of the Cal. H &S Code, as amended. e) A hospice or a home health agency, licensed pursuant to Chapter 8 (commencing with Sec. 1725) of Division 2 of the Cal. H &S Code, as amended. 4. "Person with an Identification Card" shall have the meaning given. that term by Cal. H &S Code Sec. 11362.7, as amended. 5. "Primary Caregiver" shall have .the meaning given that term by Cal. H &S Code Sec. 11362.7, as amended. 6. "Qualified Patient" shall have the meaning given that term by Cal. F &S Code Sec. 11352.7, as amended. c. operation of Medical Marijuana Dispensaries Prohibited. Medical marijuana dispensaries are prohibited in the City of Alameda. No person or entity shall operate or permit to be operated a Medical Marivana Dispensary in or upon any premises in the city. The City shall not issue, approve or grant any permit, license or other entitlement for the establishment or operation of a medical marijuana dispensary Section 2 Severability Clause. It is the declared intent of the City Council of Alameda that if any section, subsection, sentence, clause, phrase, or provision of this ordinance is held invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not be so construed as to render invalid or unconstitutional the remaining provision of this ordinance. Section 3. This ordinance and the rules, regulations, provisions, requirements, orders, and matters established and adopted hereby shall take effect and be in full force and effect from and after the expiration of thirty days from the date of its final passage. Section 4. CEQA. This ordinance is not subject to the California Environmental Quality Act "CEQA pursuant to Secs.15060 (c)(2) (the activity will not result in a direct or reasonable foreseeable indirect physical change in the environment) and 15060 (c)(3) the activity is not a project as defined in Sec. 15378 of the CEQA Guidelines (Title 14, Chapter 3 of the California Code of Regulations) because it has no potential for resulting in physical change to the environment, directly or indirectly; it prevents changes in the environment pending the completion of the contemplated studies. This ordinance also is exempt from CEQA pursuant to the "common sense" exemption under Sec.15061(b)(3) of the CEQA Guidelines, because the City Council hereby determines and finds that there is no possibility that the ordinance may have a significant effect on the environment. Presiding officer of the City Council Attest: Sara Weisiger, City Clerk City of Alameda 1, the undersigned, hereby certify that the foregoing Ordinance was duly and regularly adopted and passed by Council of the City of Alameda in regular meeting assembled on the day of 2010 by the following vote to wit: AYES: NOES: ABSENT: ABSTENTIONS: IN WITNESS, WHEREOF, I have hereunto set nay hand and affixed the official seal of said City this day of 2g 1 o. Lara Weisiger, City Clerk City of Alameda Agenda Item 6wnC is bei.ng continued to the April 6, 201 City Council Meeting Re: Item 6-C 03-16-10 CITY OF ALAMEDA Memorandum To: Honorable [Mayor and Members of the City council From: Ann Marie Gallant Interim city Manager Date: March 16, 2010 Re: Adopt a Resolution opposing Proposition 16, the "New Tiro- Thirds Vote Requirement for Local Public Electricity Providers Initiative constitutional Amendment" BACKGROUND On February 22, 2010, the Public Utilities Board, by motion, recommended that the City Council adopt a resolution opposing Proposition 16, the "New Tiro- Thirds Vote Requirement for Local Public Electricity Providers Initiative Constitutional Amendment" (the Initiative), which is backed by Pacific Gas Electric Company (PG&E). Originally titled "The Taxpayers Right to 'Mote Act," the Initiative was filed with the California State Attorney General on June 1, 2009 by .a .law firm representing PG &E (Exhibit 1). The San Francisco Local Agency Formation Commission (LAFCO) argued that the original title was misleading, and as a result, the Attorney General required the proponents to change the title to be more reflective of the Initiative's intent. The Initiative was renamed to its current title in July 2009 (Exhibit 2), however, PG &E continues to publicly refer to the Initiative by its original title. The proposed Initiative seeks to amend the. State constitution by placing new voter approval requirements on local governments regarding the expansion of public utilities' electric service into a new territory or to new customers. In order to qualify for the June S, 2010 ballot, the Initiative's proponents were required to collect nearly 700,000 verified petition signatures by December 21, 2009. The Initiative's backers met this threshold and on January 12, 2010, Secretary of State Debra Bogen certified the Initiative for the ballot. DISCUSSION Under existing California law, most cities can annex new areas that include the expansion of electric service by the approval of a simple majority of the voters in the area to be annexed. The Initiative would change existing lair by requiring approval by tiro- thirds of the voters before any such expansion of municipal electric service could occur. This tiro- thirds voter approval must be obtained from voters in both the existing service area and the new area to be annexed. City Council Report Re: Agenda Item #6n 03 =16 -10 Honorable Mayor and March 16, 2010 Members of the City Council Page 2 of 4 The Initiative mould also require cities or counties intending to pursue community choice aggregation (CCA) or the formation of a new publicly owned electric utility to first obtain two- thirds voter approval within the local jurisdiction before proceeding. Authorized by the State Legislature in 2002, CCA allows a city or a county (or. a g roup of. government agencies) to supply electricity to residents and businesses within their jurisdiction. The proposed Initiative provides for several exemptions to the two- thirds voter requirement. First, voter approval would not be required for electricity service expansions within a city's existing jurisdictional boundaries when the local government is the sole electric service provider within those boundaries. Additionally, two- thirds .voter approval would not apply to the purchase of renewable electricity (e.g., solar, wind, biomass) or for the provision of electricity service for the city's own consumption. The predominant impact of the ballot initiative to existing publicly owned electric utilities would be the establishment of new two- thirds voting requirements for. utility system expansions as outlined above. However, the vague and ambiguous language contained in the. Initiative raises additional. concerns. For example, .it is unclear if a two thirds vote would be required .for the development of non renewable generation facilities or transmission lines located outside of the city's jurisdiction. Such restrictions could constrain Alameda Municipal Power 's (AMP resouree.planning and procurement efforts by imposing two thirds voter approval requirements prior to AMP .committing to new investment in transmission or generation infrastructure. More broadly, although Alameda is already a public power community, this Initiative would thwart the ability .of citizens to opt for locally controlled public power in other communities throughout the state. Further questions raised as a result of the ambiguities. of the Initiative language. are described in Exhibit 3, prepared by the Northern California Power Agency (NCPA). Additionally, it should be noted that this Initiative has attracted the .attention of. the print news media. Examples of print news coverage published in the Los Angeles Tires .and the Sacramento Bee relating to this issue are. included. in Exhibit 4. To date, at least six member cities of NCPA have officially taken "oppose' positions on the Initiative: Lodi, Lompoc, Palo Alto, Redding, Roseville, and Santa Clara (Exhibit 5 It is important to note that employees and elected ofl:icials serving the City of .Alameda may not advocate on behalf of the city for or against a ballot initiative if public funds or public resources are. in anyway involved. However, local governing boards ..may officially take a support or oppose position on a ballot initiative during an open meeting. FINANCIAL IMPACT There is no financial impact associated with adoption of a resolution opposing the ballot Initiative. If the Initiative. were approved, the cost. for Alameda is uncertain. The California Legislative Analyst's office concluded that the Initiative would create. an unknown impact to state and local government costs and revenues, depending on Honorable Mayor and March 10, 2010 Members of the City Council Page 3 of 4 future voter decisions, due to the potential impacts on electricity rates and publicly owned electric utility operations (Exhibit 6). MUNICIPAL CODE /POLICY DOCUMENT CROSS REFERENCE This recommendation supports Public Utilities Board approved Strategy No. 0 Endeavor to maintain local control over utility programs including energy efficiency, renewable power and distribution system standards. This activity will also assist in meeting the goals of the City of Alameda's Local Action Plan for Climate Protection, specifically Energy Initiative 1: "Encourage the Alameda Public Utilities Board to require that Alameda Power Telecom maintain and expand its source mix to 100% carbon -free energy." By taking an "Oppose" position on this Initiative, the City Council is protecting AMP's ability to participate in new energy infrastructure projects that may be necessary in the future to meet the City's greenhouse gas reduction goals. RECOMMENDATION Adopt a Resolution opposing Proposition 16, the "[dew Two- Thirds vote Requirement for Local Public Electricity Providers Initiative Constitutional Amendment." Respectfully submitted, Exhibit(s): 1. Letter requesting California Attorney General prepare title and summary for the proposed Initiative, dated May 28, 2000 2. California Attorney General title and summary for the Initiative, dated July 23, 2000 3. Summary and Analysis of the Initiative, prepared by NCPA, dated February 10 2010 4. Three sample news articles relating to the Initiative: (1) "PG &E Ballot Measure .Is a Stealthy Power Play," by Michael .Hiltzik, Los Angeles Times, December 23, 2000; (2) "Editorial: PG &E Makes a New. Power.Grab," The Sacramento Bee, January 10, 2010; (3) "PG &E Amps Up Bid for Power," by Michael Hiltzik, Los Angeles Times, February 10, 2010. 5. Resolutions opposing the proposed Initiative from: Council of the City of Lodi, Council of the City of Lompoc, Council of the City of Palo Alto, Council of the City of Redding, Council of the City of Roseville, and Council. of the City of Santa Clara. Honorable Mayor and Members of the City Council March 16, 2010 Page 4 of 4 6. California Legislative Analyst's office analysis of the proposed Initiative, dated July 7 ZDD9 cc: Public Utilities Board Ma 28, 2009 VIA PERSONAL DELIVERY The Honorable Edmund G. Brown, Jr.. JUN U I ZOO Attorne General 1300 1 Street INITIATIVE COORDINATOR Sacramento CA 95814 ATTORNEY GENERAUS- OFFICE Attention: Kr Paris, Initiative Coordinator Re: Re for Title and Summar Initiative Constitutional Amendment Dear Mr. Brown: Pursuant to Article 11, Section 10(d) of the California Con'stitution and Section 9002 of the Elections Code, I hereb re that a title and summar be prepared for the attached initiative entitled "The Taxpa to Vote Act" as provided b law. Included with this submission is the re proponent affidavit si b m as proponent of this measure pursuant to section 9608 of the California Elections Code. M address as a re voter is provided and attached to this letter, alon with a check for $200.00. All in or correspondence relative to this initiative should be directed to Nielsen, Merksamer, Parrinello; Mueller Na 1415 L Street, Suite 1200, Sacramento, CA 958141,(916) 446-,6752, Atte'ntion:- Steve Lucas (teleph 416/38g- 6800). Thank y ou for y our assistance. Sincerel 4�ob rt Lee Penc'e fro ronent Enclosure: Proposed, Initiative Cit Council Exhibit I to Report Re: A Items, #6-0 03-16-10 Section 1. FINDINGS AND DECLARATIONS q g 0 0 1 5 The People do find and declare: A. This initiative shall be known as "The Taxpayers Right to Vote Act." B. California law requires two- thirds voter approval for tax increases for specific purposes. C. The politicians in local governments should be to the same standard before using public fiends, borrowing, issuing bonds guaxanteed by ratepayers or taxpayers, or obtainig other debt or financing'to start or expand electric delivery service, or to implement a plan to become an aggregate electricity. provider. D. Local governments often start or expand electric delivery service,. or implement aplan to become an aggregate electricity provider, without approval by a vote of the people. E. Frequently the start -up, expansion, or implementation Plat! requires either construction or acquisition of facilities or other services necessary to deliver fihe electric service, to be paid for with public funds, borrowing, bonds guaranteed by ratepayers or taxpayers, or other debt or financing. F. The source of the public funds, borrowing, debt, and bond financing is generally the electricity -rates charged to ratepayers as well surcharges or taxes imposed on taxpayers. G. Such use of public :ftmds and many forms of borrowing, debt or financing do no t presently require, approval by a vote of the people, and where a vote is required, only a majority vote may be required. Section 2. STATEMENT OF'PUR-POSE A. The purpose of this initiative is to guarantee to ratepa yers and taxpayers the right to vote any time a local government seeks to use public funds, public d bonds or liability, or taxes or other financing to start or expand electric delivery service to a new territory or new customers, or to implement a plan to become an aggregate electricity provider. B. If the start -up or expansion requires the construction or acquisition of facilities or services that will be paid for with public funds, or fnanced through bonds to be paid for or guaranteed by ratepayers or taxpayers, or to be paid for by other. forms of public expenditure, borrowing, liability or debt, then two- thirds of the voters in the territory being served and two- thirds of the voters in the territory to be served, voting at an election, *musfi approve the expenditure, borrowing, liability or debt. Also., if the implementation of a plan to become an aggregate electricity provider requires the use of public funds, or financing through bonds guaranteed by ratepayers or taxpayers, or other farms of public expenditure, borrowing, liability or debt, then two- thirds of the voters in, the jurisdiction, voting at an election, must approve the expenditure, borrowing, liability or debt. Section 3. Section 9.5 is added to Article XI of the California Constitution to read: Sec. 9.5. (a) Except as provided in subdivision (h), no local government shall, at any time, incur any bonded or other indebtedness or liability in any manner or use any public funds for the construction or acquisition of facilities, works, goods, commodities, products or services to establish or expand electric delivery service, or to implement a plan to become an aggregate electricity provider, without the assent of two- thirds of the voters within the jurisdiction of the local government and two- thirds of the voters within the territory to be: served, if any, voting at an election to be held for the purpose of approving the use of any public funds, or incurring any liability, or incurring any bonded or other borrowing or indebtedness. (b) "Local government" means a municipality or municipal corporation, a municipal utility district, a public utility district, an irrigation district, a city, including a charter city, a -county, a city and county, a district, a special district, an agency, or a joint powers authority that includes one or more of these entities. (c) "Electric delivery service" means (1) transmission of electric power directly to retail end- use 'customers, (2) distribution of electric power to' customers for resale or directly to retail end -use customers, or (3) sale of electric power to retail end -use customers. (d) "Expand electric delivery service" does.not include (1) electric delivery service within the'existing jurisdictional boundaries of a local government that is the sole electric delivery service provider within those boundaries, or(2) continuing to provide electric delivery service to customers already receiving electric delivery service from the local government prior to the enactment of this section. (e) "A plan to become aft aggregate electricity provider" means. a plan by a local government to provide community choice aggregation services or to replace the icuih& ized.local public utility in whole or in part for electric delivery service to any retail electricity customers within its jurisdiction. (f) "Public fiends" means, without limitation, any taxes, funds,'cash, income, equity, assets, proceeds of bonds ox other financing or borrowing, or rates paid by ratepayers. "Public funds" do not include federal Tundst (g), "Bonded or.other indebtedness or liability" means, without limitation, any borrowing, bond, note, guarar�.tee or other indebtedness, liability or obligation, direct or indirect, of any Idad, contingent or otherwise, or use of any indebtedness, liability or obligation for reimbursement of any moneys expended from taxes, cash, income, equity, assets, contributions by the treasury of the local govenunent or other. sources. (h) This section shall not apply: to any bonded or other indebtedness or liability or use of public fiends that (1) has been approved by the voters within the jurisdiction of the local government and within the territory to be served, if any, prior to the enactment of this section; or (2) is solely for the pur of purchasing; providing or supplying renewable electricity from biomass,'solar thermal, photovoltaic, wind; geothermal, fuel cells using renewable fuels, small hydroelectric generation of 30 megawatts or less, digester gas, municipal solid waste conversion, landfill gas, ocean wave, ocean thermal, or tidal 3 current, or providing electric delivery service-for the local government's own end use and not for electric delivery service to others.' Section 4.-Conflicting Measures A. This initiative is intended to be comprehensive. It is the intent of the People that in the event that this initiative and another initiative relating to the same subject appear on the same statewide election ballot, the provisions of the other, initiative or initiatives are deemed to be in conflict with this initiative. In the event this initiative shall receive the greater number of affirmative votes, the provisions of this initiative shall prevail *in their entirety, and all provisions of the other initiative or initiatives shall be null and void. B. If this initiative is approved by voters but superseded by law or by any other conflicting ballot initiative approved by the voters at the same .election, and the conflicting law or ballot initiative is later held invalid, this initiative shall be self-executing and. given. fiill force of law. Section 5. Severability. The provisions of this initiative are severable. If any provision of this: initiative or its application is held to be invalid, that invalidity shall not affect other provisions or plicatiofis* that can'be effect without the invalid provision or application. 4 Date: July 23, 2009 Initiative No.: 09 -0015 The Attorney General of California has prepared the following title and summary of the chief purpose and points of the proposed measure. Requires local governments to obtain the approval of two- thirds of the voters before providing electricity to new customers or expanding such service to new territories if any public funds or bonds are involved. requires same two- thirds vote to provide electricity through a community choice program if any public funds or bands are involved. requires the vote to be in the jurisdiction of the local government and any new territory to be served. Provides exceptions to the voting requirements for a limited number of identified projects. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: Unknown impact on state and local government costs and revenues, depending on future voter decisions, due to the measure's potential effects on electricity rates and publicly owned utility operations. (09- 0015.) City,-Council Exhibit 2 to Report Re: Agenda Item #6 -D 03-16-10 A PUBLIC ASEMOV N %'d '.ft� PA NORTHERN CAUFORNIA POKER AGENCY 651 Commerce Drive Roseville, CA 95676 (91 6) 781 -3636 WWW. The TwOlb Leag !Eemea t for c Ld u is ect&ft rov Supported by: Pacific Gas and Electric Company Stated Intent: "'The purpose of this initiative i s to gua ra ntee to ratepayers and taxpayers the right to vote any time a local government seeks to use public funds, public debt, bonds or liability, or taxes Y, or other financing to start or expand electric delivery service to a new territory r new customers o r rnplernent a plan to become an aggregate electricity providers (initiative sec, 2A) O perative provision of Initiatives* Section 9.S is added to Article x o f the Ca Con a) "Except as provided in subdivision (h), no local ovemment shall, hall, at any ti me, Incur and bonded or other indebtedness or liability in any manner or use an public y p �c �u�ds for the construction or acquisition of facilities, works, good, commoditles, roducts or sere' p ���s, to establsh or expand electric delivery service,. or t® irnple�nent a pan to become an a re a aggregate electricity provider without the assent of two thirds of the voters within the jurisdiction of the local al government and two thirds of the voters within the territory to be served, if any voting at an election to be held for the purpose of approving the use of any public funds, or incurring an liability, incurring Y' Y� or ring any bonded or other borrowing or indebtedness, (b) "Local gov+ernl"nene means a munic ip ality m unicipal mun l p y r municipal corporation, a municipal utility district, a public utility district, an irrigation district, a city, Including a charts r city, a county, a city and Count, a district, a special district, an agency, or a joint powers authorit th Y at includes one or more of these entities., (c) "Electric delivery service means (1) transmission of electric owe p r directly to retail end -use customers, (2) distribution of electric power to customer for resale or direct tly to retail end -use customers, or (3) sale of electric power to retail end -use customers. (d) `Expand electric delivery service" does not include (1) delivery service within the exist jurisdictional boundaries of a local government that is the .sole electric delivery service provider within those boundaries, or (2) continuing to provide electric deliver service t receiving Y o customers already rece��ng electric delivery service from the local government rior to the enactment p m nt of this section. (e) "A plan to become an aggregate electricity provider" means a p plan by a local government to provide community choice aggregation services or to replace the authorized local u p �n whole ®r In part for electric delivery service to any retail electricity customers within its 'uric dct�on• (f) "Public funds means, without limitation, an taxes funds cash in E me, egu�tYp assets, proceeds of bonds or other financing or borrowing, or rates p y ratepayers. "Public aid b rate a ers. "P funds" i do not include federal funds, City Council Exhibit 3 to Report Re: Agenda Item #6 D 03 -16-10 (g) "Bonded or other indebtedness or liability" means, without limitation, any borrowing, bond, note, guarantee or other indebtedness, liability or obligation, direct or indirect, of any kind, contingent or otherwise, or use of any indebtedness, liability or obligation for imbursernent of any moneys expended from taxes, cash, income, equity, assets, contributions by ratepayers, the treasury if the local government or other sources. (h) "This section shall not apply to any bonded indebtedness. or liability or use of public funds that 1) has been approved by the voters within the jurisdiction of the local government and within the territory to be served, if any, prior to the enactment of this section; or ...(2) is solely for the purpose .of purchasing, providing, or supplying renewable electricity from biomass, solar thermal, photovoltaic, grind, g eothermal, fuel cells using renewable fuels, smal hydreelect.ric generation of 30 megawatts or less, digester gas, municipal solid waste conversion, landfill gas, ocean wave, ocean thermal or tidal current or p roviding electric delivery service for the local government's own end use and not for electric delivery service to others." t 42 Uses non standard terms Is the effect retroactive? Subdivision N indicates an exemption if the indebtedness or use of funds was approved by the voters "...prior to the enactment of this section..." (Sec. 9.5(h Municipally owned Utilities are very unlikely to have ever sought such approval in the past as it was not required. if the use of indebtedness/use of funds began prior to enactment, but was not approved by the voters, does this forbid continued use? What does it mean to `Expand electric delivery service" ,,,,what does 11 sole" mean? "'Expand electric deliver} service' does not include (1) electric delivery service within the existing jurisdictional boundaries of a local government that is the sole electric service provider within those boundaries..." Does this apply where an Investor Owned Utility serves just a couple of customers, by agreement with the Municipal Utility? Lodi example of 23 IOU accounts left from past annexations. Does this apply to "distributed power" generated by the customers themselves, such as solar? ....what does "boundaries mean? "Expand electric delivery service' does not include (1) electric delivery service within the existing jurisdictional boundaries of a local government that is the sole electric service provider within those boundaries..." Does this mean current corporate limits, or might it mean the sphere of influence or other service area? What does "renewable electricity" mean? The exemption in (h) applies to the "purchasing, providing or supplying renewable electricity frorn...small hydroelectric generation of 30 megawatts or less..." If a ventral Valley Project customer purchases less than 30 MW from Shasta darn, is that included in the exemption, or roust the darn itself be less than 30 MW? What does it mean? (c) "A plan to become an aggregate electricity provider' means a plan ...to provide community choice aggregation services or to replace the authorized local public utility either in whole or part for electric delivery service to any retail customer within its jurisdiction." Is any replacement of an Investor Owned Utility customer by an Municipal utility subject to a vote? Is any annexation subject to a 2/3 vote, despite LAFCO approval? What do the "transmission" provisions mean? "...no local government shall ...use any public funds for the construction or acquisition of facilities... to expand electric delivery service.." "Electric delivery service means (1) transmission of electric power to retail end -use customers, 2 distribution of electric power to customers for resale or directly to retail end -use customers, or (3) sale of electric power to retail end use customers... Electric delivery service does not seem to include "generation but how is such generation "transmitted Who is a "retail end use customer" ""Transmission" to end use customers is considered `distribution" rather than "transmission." Would distribution facility improvements require a 2/3 vote? Clear Impacts to Existing Municipally owned Utilities Annexation of new territory requires 2/3 vote to serve, even after LAFCO required approval? (seems a certainty) New facilities, especially transmission and distribution, outside the municipal jurisdiction as `expand electric delivery service' requiring 2/3 vote (arguably) What does it mean for a Joint Powers Agency that has no "existing jurisdictional boundaries"" ,,,,,,may current customers be served? "Expand electric delivery service' does not include (1) electric delivery service. within the existing jurisdictional boundaries of a local government that is the sole electric service provider within those boundaries .w." May an MQU that is not the sole provider continue to serve current customers without a 2/3 vote? 0 ,,,,are new customers inside city ok? "Expand electric delivery service does not include ...or 2) continuing to provide electric delivery service to customers already receiving electric delivery service ...prior to the enactment of this section." May a Municipal Utility that is not the sole provider sign up new customers even within its city limits without a 2/3 vote? ..rnay increased load be served? 'Expand electric delivery service' does not include or (2) continuing to provide electric delivery service to customers already receiving electric delivery service from the local government prior to the enactment of this section." Ma y a Municipal Utility already serving a customer outside. its boundaries serve the increased load of that customer without a vote? Expand electric delivery service' does not include...or (2) continuing to provide electric delivery service to customers already receiving electric delivery service from the local government prior to the enactment of this section." Is a new property owner a "customer already receiving electric delivery service" even when the load is the same? What does it mean to "purchase, provide or supply"? Section does not apply to funds used solely for the purpose of purchasing, providing, or supplying renewable electricity..." (sec. 9(h) A. as implies does appl to use of funds h y p urchase other t ype of electridL Is the purchase of property or the construction of generation, even for renewable electricity, exempt? Legislative Analyst's office Analysis: The legislative Analyst's Office reviewed the proposed constitutional amendment A.G. File No. 09- 0915). Fiscal effects of the initiative include: Local Administrative Costs for Elections and Potential impact on State and Local Government Costs and Revenues. "Local Administrative Costs for Elections. Because this measure requires voter approval for specified local government actions, it would result in additional costs to local governments each time a proposal requiring voter approval was placed on the ballot. These costs would primarily be related to preparing and smiling election related materials. in most cases, the balloting could be consolidated with already scheduled elections. The increased election related costs due to this measure would probably be minor. Potential Impact on State and Local Govemment Costs and Revenues. This measure could affect local government costs and revenues due to its potential effects on the operation of publicly owned utilities and CCAs. It could also affect the finances of state and local government agencies in California because of its p otential impact on electricity rates. These effects would largely depend upon future actions of voters and local governments. we discuss these potential effects in more detail below. First, the new public voter approval requirements for the startup or expansion of publicly owned utilities or the formation of CCAs could, in some cases, result in public disapproval of such changes. Also, the existence of these new voter approval requirements could deter some local government agencies from proceeding with such plans. To the extent that this occurred, local government agencies could collect lower revenues from electricity customers, and incur lower costs for the operation and coordination of electricity services, than would otherwise be the case. Second, the enactment of this measure could also affect the finances of state and local government agencies in California due to its potential impact on electricity rates. As noted above, some local government agencies might not start up or expand a publicly owned utility into a new territory or create a CCA as a result of the measure's new voter approval requirements. In this event, the rates paid by electricity customers in that and neighboring jurisdictions could be higher or lower than would otherwise have been the case. This could affect state and local government costs, since many public agencies are themselves large consumers of electricity. To the extent that changes in electricity rates affect business profits, sales, and taxable income, these factors could affect state and local tax revenues. The net fiscal effect of all of these factors on the finances of state and local government agencies is u n known The proposed Taxpayers Right to Vote Act illustrates what California's initiative process has come to. It's a plaything of powerful interests using deception to line their pockets. By Michael Hiltzik December 28, 2009 On the face of it, nobody should find anything objectionable to the Taxpayers Right to Vote Act, a proposed initiative now awaiting certification to go on the state ballot. The measure would require a two- thirds vote by residents of a municipality to approve certain public expenditures or borrowings. It's cast as the most virtuous of good government propositions. or as Greg Larsen, head of the initiative's campaign committee, puts it, "Why shouldn't the people who are going tc pay the bill have the right to vote on that But let's shine a light on this initiative from another angle. First, the only expenditures it applies to are those devoted to setting up or expanding a municipal electrical utility. And its sole sponsor, according to state campaign finance records is Pacific Gas and Electric Co., one of the biggest electrical utilities in the state. So far, PG&E has spent $3 million of ratepayers' money to advance the Taxpayers Right to vote Act. What are the chances that PG&E ginned up this innocuous- sounding initiative, shrouding its own involvement behind a scrim of public relations and law firms, largely to preserve its monopoly against competition from public power agencies? I'd say 100%. Thanks to state campaign finance laws, PG &E can't entirely hide its financial links to the initiative campaign. But it's not exactly proclaiming them from the rooftops, either. When I asked to speak to someone at PG &E a overseeing the campaign, the company steered me to Larsen, a Sacramento P.R. man. But he wouldn't tell one how PG &E got the ball rolling, either. God forbid that the PG &E executives who cooked this thing up come out of hiding. such is what California's initiative process has come to. it's a plaything of powerful interests using deception and misdirection to line their pockets. We're about to enter another silly season of California initiatives. At this moment, 51 have been o =feared by the state attorney general and secretary of state to collect petition signatures, preparatory to claiming a spot on an upcoming ballot. Two are undergoing signature verification, the last step before being scheduled for a vote PG &E's and a measure to undermine state auto insurance regulations, promoted by Mercury Insurance. (I wrote about the latter back in July.) Almost every one illustrates the flaws in our state government, Sorne promote extremist or just loopy goals across the political spectrum. There are a pair forbidding the use of taxPC to fund schools or schools to set curricula. Another outlaws divorce in California. City Council Exhibit 4 t® Report Re: Agenda Item #6 03-16-10 ❑ne ra oses a 55% wealth ta on big estates, the money to be spent on bu ying up stack of defense and p p environmentally unsound companies and shutting down the offending operations. Several ro ose a constitutional convention. A convention is needed, their supporters argue, to overturn the p p budgetary roadblocks, the terra limits and other rules that doom us to an inexperienced and extremist Legislature, and lags favoring special interests. Chief among the latter is the initiative process itself. The real danger in the initiative process lies in its domination by rich corporations. This is exactly the apposite of the intentions of the systems creator, Gov. Hiram Johnson, when he was fighting the Southern Pacific Railroad and harry Chandler, proprietor of the Los Angeles Times, a century ago. Which brings us back to PG &E and its stealth initiative. The Taxpayers Right to vote Act is a dagger aimed directl y at a movement to enable municipalities to offer renewable green power to their residents in competition with private utilities. Such Community Choice Aggregation programs, which are enabled under a p 2002 state later, have drawn particular interest in northern California, which PG&E considers its diocese. One reason far the interest may be the utilities` poor record in meeting their renewable poorer goals, such as a legal deadline from the state requiring them to get 20% of their power from renewable sources by next year. As of 2008, PG &E was only up to 11.9 Southern California Edison hit 15% but isn't expected to meet next year's deadline either. PG &E's g fig ht ag ainst CCAs continues an assault by private utilities against public poorer dating to the 1920s and g 19y y 305. In those days, the bribed politicians and paid off schoolteachers and textbook publishers to fight public p rojects like Hoover Dam and the Tennessee valley Authority. Nowadays, they use the ballot box and the poorer of Tv advertising to achieve similar ends. Their fear toda y is that municipal utilities will undercut them on pricing and recruit their customers. That's not an unrealistic fear, as municipal utilities have consistently beaten the private utilities on rates. Larsen, PG &E's front man in the initiative campaign, says its goal is merely to protect taxpayers from being drawn unwittingly into unwise and costly poorer investments. This gives new meaning to the word "disingenuous." The iveawa is the two- thirds vote requirement, which is poison to any attempt to enact public policy in this g y sa state. Rather than backers persuading a majority of voters to favor a policy, it means that opponents merely have to muster a tiny minority to kill it. The tiro- thirds gate requirement for passing a budget or enacting taxes in Sacramento has bequeathed us permanent fiscal gridlock and a $20 billion deficit, so PG &E knows exactly hoer mortal a weapon it can be. And it's not as though CCAs are so easy to set up not one has yet gone into operation in the state in the seven y ears since the enabling legislation was passed. But PG&E may Irish to make sure there's no breath in the body. "PG &E has infinite sums of money to manufacture their own story," says Ross Mirkarimi, a San Francisco supervisor involved in setting up that city's CCA, which hopes to start delivering green power sometime next year. "But its clear goal is to kill all competition. That's reprehensible." Is there any wa y to arrest the initiative process out of the claws of corporate interests? Here's a suggestion: An y co r p oration time a oration contributes more than 500 of the original funding for an initiative campaign, the la campaign's Tv advertising should be limited to shots of its CEO explaining directly to the camera exactly ghat 2 his company expects to gain from it. At least then the voters will be able to judge the sincerity of its commitment to civic virtue. Of course, it would probably take a ballot initiative to enact such a rule. We could call it the Taxpayers Right to See the wolf in Sheep's Clothing Act. 1 may start gathering signatures today. Michael Hiltzik's column appears Mondays and Thursdays. Reach hire at michael.hiltzik @latirnes.com, read previous columns at www.latimes.com /hiltzik, and follow @latimeshiltzik on Twitter. Copyright 0 2010, The Los An eles Times 9 THESACRANIuN W-BEE sacb,-ar-,corn Ed'Itor'lal: PG&E makes new power grab Published Tuesday, Jars. 19, 2010 Pacific Gas and Electric spent $3.5 million to collect more than a million signatures to qualify what it calls the Taxpayers Right to vote Act for California's June ballot. The self serving title makes it sound like motherhood and apple pie. It is neither; the opposite, in fact. If voters approve the measure, it will protect the investor -owned utility from dissatisfied customers angry about bad service and high costs. The initiative makes it virtually impossible for those customers to escape PG&E and create their own public power agency or to be annexed by a neighboring govern ment -owned and operated utility. Under its provisions, a ma super majority, or two-thirds of the voters, in any jurisdiction would have to approve a proposal p yr to switch from an investor -owned utility and move to public power. Stated another way, one third of the electorate, a minority, would get to decide this vital issue for the majority. PG&E's motives in this effort are obvious. Northern California's largest investor owned utility has amon g the highest electricity rates of any power provider in the country, and those rates will likely go g o a lot higher soon, Currently PG&E has some 10 rate hike requests worth more than $5 billion pending before the California Public Utilities commission. Increasingly, customers strainin g pay to a those high electric bills are turning to public power for relief. PG &E charges its average customers 15.2 cents per kilowatt -hour for electricity. Sacramento Municipal Utility District customers pay 11.4 cents per kilowatt -hour, 25 percent less. Roseville 's rates are comparable to SMUD's. In recent years PG &E has spent tens of millions of dollars to fend off efforts by ratepayers in San Joaquin, San Francisco, Marin and Yolo counties who've tried to form their own public utilities or annex themselves to public power agencies. If its initiative passes, PG &E wont have to worry fighting hting small battles all over the state. The constitutional amendment makes it g virtually impossible for any jurisdiction to escape the PG &E monopoly., It also makes it difficult for cities that have public power agencies to extend that coverage to areas they annex in the future without going through onerous and expensive public votes. Given the two- thirds threshold they face under the initiative, they would likely lose. It gets worse. Attorneys for the Northern California Power Agency, the organization that represents public utility districts, say the way the initiative is drafted may prevent public agencies from rovidin power t a new subdivision, apartment building or business built within their own p 'ding jurisdictions without first getting a two thirds vote of approval from the public. PG E amps up ni Io Puy Q- JLG" .s j`L- F.` a- f.- hiltzik10- 201 0feb 10,0,1 802722.column. lati.me s c o�uSlne 5 5 �l PG E amps up bid for power The utility's initiative has become Proposition 16. It will benefit no one except PG &E and other private utilities Michael Hiltzik February 10 2010 Y hiI Lhe.L the e en. ragi ng. over 1 on h as b g 1 at u p e c 1 ra d e e 0 f f ail Court s recent unkm rerne tions will be c ampa ig n spending limits on corpora very b ad for democracy, or not so bad. The s 1 ecret to ett.n hi h u discounted crse man IMP ortant trends in American tickets As w ith h ave the ornia was there first, and we h society, Ca lif s to a nakedly cynical $6.5-m answ Thaw launched by our "biggest ut ballot campai s g oing to Pacific G as r Electric, ire can say th is: g g P Os imagine. be gorse th an y ou can p e nature in F anan� a and oats lea D ecember about the ballot �.en. I first wrote in. I7 PG&E concocted. to undercut c omp etiti.on. initiative P a encies the monster hadn't f municipal power g b�r fr Still St officials were n shock into life. S yet been had laid out only $3.5 million. matures, grid PG&E verifying p etition Sl ed for ft�Ju�ne r�.m.ai ballot, where it n. The measure has been certified Much has happened s i n ce the w i ll appear a5 �rDpvSitlon. 16 pp ators 'cal. establis�.nent- Nine state legisl utility is u to has penetrated the political Pet Realization of ghat the p v warned PG&E Cl1.airinan Darrell St (D- b Senate President Fro Tern interfering with the creation of new led y a ctions m i g ht violate state law by nit g arbee b letter that PG&E s a g the initiative process, they told him,, D 's self interested exploitation. of municipal o'er services. PG&E 's p p also calls into question your company's integrity. 3 million in the campaig kitty If you Company Laced a n addit Hoer did Dai'bee respond. His c p y p `t wouldn't be printable in a family' se to the legislators into English, e i r �r�.S that respons 7 re ques to interview Darbee.) new sp aper. (PG&E didn. t grant my q let's loop at the Supreme Court's el is wrong about P G� s behavior, B efore e et into what precis y g B g Jan. 21 de cision. ���olofebl0,o,3���o6o5,p rint, column. 2/16/2010 PC j E amps up U Im F V yr vJL A.Li VA-- .I_-- restrictions on corpora spending in federal ree 'vim the court held that most federal restrictio e carne f B� a 5 -4 rna� effect ions th s�cr�� .ated against their free speech rights gr anting corporations campaigns di g sp eech rights as individu stice John Paul Stevens. He said the law `s ar g u m en t were identified in a dissent b Ju The flaws in thi g� se they're, Drell, d between corporations and human beings b ecau di a con fli c t in f respects Frith. ns can`t vote or run for office, and their interests may Corporations the interests of eligible voters," he observed. resources among other things, False legitimate Concerns about their role in the electoral Their financial process,'# n Fords sound too a bstract, here comes Pacific Gas Electric to put meat on their If these cautio r bones. eta royal b two o f voters before measure would req ure any public entity tog pp PG &E rn NE float or floa bonds to finance the service. or ex c g l a un ching anding its public power serv p it's concerned about a particular near form o of ut ility sa ys created Proposition 16 because Its r The uti t� a e ation. `ci al utility known as c ommunity choice ggr g ins. p o import energy from renewable sources for 002 state law, CCAs allow communities t p gy. Authorized b� a ed but Hour says It has had second thoughts &E sup the law when it was enact Y their residents. P� pP cost than. the expected. for residents who may find CCAs more y that it' l ooking out u the cost of CCAs by refusing to cooperate s P�G'&� itself h a s .O ne its best t o d p CCA backers y w it h them, even thou h that's required by state lair. g Ut ilities Commission that P CJ &:�'s machinations officials have told the Public Util1 deed, San Franc to its plans to implement a CCA. Mann to inflict 'ict erl lin and irre arable harm p already threaten th eir efforts to get a CCA off the ground, too. s s a P G &E has tried to undermine �County offi cial y public power systems �.dernli�ning all case, is written broadly to apply to all p p proposition 1 in any c e except PG&E and other private utilities In public over agencles, will benefit no on p competition from p p :finance committee as "a coalition of taxpa�'ers, C�al documents, PG&E identifies its campaign it's co alition of one: l'G&E. off s and labor, but at this stage Its a Co en vironmentalists, renewable energy, business en event campaign finance filings. By the Way, ted a dune, according to the most r p gn No one else has contr s eeking a 1.1- billion rate .crease. str f money that it 1S currently 5 g PG &E claims it i s so str pp who can o ect to requiring a vote o the The utility' touts Its m easure as the essence of democracy people? nothing but a tool to thwart the x.11 of the pro anti democratic: A tiro thirds vote is n g In reality, it's pro fo m r b giving an extreme minority an OuLo .Lze v oic�. voters g g intelligent budgeting In Californ and how the state Le gislature blocks intellig g That's how' a m inority g s sivnal m in the P v cl�et Of the national health insur reform has been blocked by a congre ssional insurance lobby, p rint. column 2/16/2010 ��c���_- �_��1f��k1D-- �O�1�feb p imed at their own hearts. It could block their public over agencies see the measure as a dagg er a Other p p g finances. costs and leave new homeowners constru of crucial transmission lines, drive up their g drafted so haphazardly that all such activities, f they out electrical hookups. That's because it's dr p miner Frith challenged b p rivate utilities. According to fo been receded by costly elections, could be ch. g y p haven !t p could affect home sales M districts served bar 'a. finer Corrnnissioner John �rees�man, that Cal�farr�. municipal utilities. le to dream. u all kinds v f things," avid fertile minds of utility layers are gang to be able p The fert�l f mater and poorer, the nation largest an g manager o f the Los Angeles I� ep art�rrient o ht Freeman, g other a ttempt b a private utility to in the rig z al utili me last creek. "Thi �s dust axl p munic E 1 ©f consumers that It would b e laughab po wer to b e a c om. etitive yardstick. Its so hua tf a of public po p es it a real threat." QE's abilit to put up brainwashing ads ma except that P� p W orse d p ublic agencies from spending public fluids to oppose a state lam prohibits elected officials an p g rt to co he start. unteract P G&E's bar will b e crippled. from t ballot pleasure. That means any effo able to fig back at a11," says Charles 1'�Ic �-lashan, a "Ifs reality that public agencies won !t be a g It s a Marin County supervisor. ht be violating state law as well PIJC regulations PZJ staff told the co that P�� �g g rs• but the d good faith" with commun choice aggregato requiring ut to cooperate fully an g g matter at least until its Feb. 25 �n.eetng eo�.sslop iron t take up the �n.a Ifs time for the PUC to speak up, a long ion with the rest of our political leadership for the .record, whether he or she thins it's O�. governor should be required to state, f h E Every candidate for g million (and counting� e�cluslvel�r for its ectoral rocess by spending $b.5 m for P��� to subvert the el p Steve Poi�ner, have been silent the GOP candidates, _Me �ittlnan and 01"M corporate benefit. Thus far Bro�rn.. p utat i ve Democratic nom AML. CTen. 1e as far as I can tell, as has the p st of us should turn out to gate Tune S, by the millions, to make a statement about who owns .And the re tote o f C alifornia: the p cap le, or P the s ors S and Wednesdays. beach him at 1111a.cliael I I�lt�� s column app e 1t2i1� and fallow ad past columns at Avww_ lafi m.es. com ha rn�.chael.�ltz�k lat�n�.es.com, re p latinleshilt�i. on Twitter. C ht (9 X01.0, The Los eles Times �0�05 rint.calumn. 2/16/2010 ..4. -d am �n ���ei -n p1Z ��,��t��10- �Oi.Ofeb �p RESOLUTION NO. 2009 -103 A RESOLUTION of THE LODI CITY COUNCIL TO OPPOSE THE "NEW Two THIRDS VOTE REQUIREMENT FOR PUBLIC ELECTRICITY PROVIDERS" INITIATIVE WHEREAS, the California Attorney General has approved the "New Two- Thirds 'Vote Requirementfor Public Electricity Providers" Initiativefor signature-gathering for the June 2010 ballot; and WHEREAS, the Initiative would require a public power provider to obtain a 213 voter majority in both existing territory and proposed territory expansions prior to spending funds for the utility system expansion; and WHEREAS, the proposed Initiative would limit the city of Lodis ability to expand its electric service territory pursuant to its General Plan, while adding significant taxpayer- funded costs for special elections. NOW, THEREFORE, BE IT RESOLVED that the Lodi City council does hereby oppose the "New Two Thirds Vote Requirementfor Public Electricity Providers" Initiative; and BE IT FURTHER RESOLVED that the city Council directs the Electric Utility Department to appropriately and proactively inform the citizens of Lodi, California, regarding the ballot petition in accordance with California Fair Political Practices Commission regulations. Dated: November 18, 2009 I hereby certify that Resolution No. 2009-163 was passed and adopted by the city Council of the city cf Lodi in a regular meeting held November x 8,2009, by the following Vote: AYES: COUNCIL MEMBERS Hitchcock, Johnson, Katzakian, Mounce, and Mayor Hansen NOES: COUNCIL MEMBERS None ABSENT: COUNCIL MEMBERS None ABSTAIN: COUNCIL MEMBERS None NNIFE M. ROBISON Assistant city Clerk 2009-163 City council Exhibit a t® Report Re; Agenda Item #60 03-16-10 0 i IS Resolution of The Council of The .City of .Lompoc, County of Santa Barbara, state tof California, The California state Ballot Petition 09 -0015, New Two-Thirds Vote Requirement for Local Public Electricity Provider sf I nitiative Constitutional Amendment WHEREAS the City of Lompoc owns and operates a municipal electric utility, also commonly know as Lompoc Electric; and City p WHEREAS, the of Lomp provides safe, reliable, and competitively priced electricity to its residents and businesses; and WHEREAS, the City of Lompoc is part owner of electric generation plants that produce "Green Power" p (non- olluting, geothermal and hydroelectric power); and s WHEREAS the City of Lompoc is a member of the Northern California Poorer Agency (NCPA) and a member of the NCPA Power Fool; and W HEREAS, the State of California passed a law in 200 enabling local municipal electric utilities to expand electrical services to a new service territory or to new customers; and WHEREAS on May 28, 2909, California State Ballot Petition 09-0015, New Two Vote Requirement for Local Public Electricity Providers. Initiative Constitutional Amendment was filed with the California Attorney Generals Office for a June 201 statewide ballot; and WHEREAS, California State Ballot petition 09-0015 is considered an anti municipal electric utility initiative; and WHEREAS, California State Ballot Petition 09 -0015 is vague in its effect to serge existing municipal al customers, but appears to significantly impact these customers in the new annexations; and WHEREAS if adopted by California voters, California State Ballot Petition 09-0015 could severely limit public power in California; and WHEREAS if adopted b California voters, California State Ballot Petition 09-0015 p would re q uire two thirds of a municipality's voters to approve the addition of an annexed r a r community into a municipally owned utility service area. Resolution Flo, 5688(09) Page 2 NOW THEREFORE, THE CITY COUNCIL OF THE CITY of LOMPOC, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. Oppose California State Ballot Petition 09 -0015, and SECTION 2. Direct staff to analytically evaluate the merits of the measure, and SECTION 3. Appropriately inform the public about the findings, in accordance with Fair Political Practices Commission (FPPC) regulations, and SECTION 4. This Resolution is effective upon its adoption. The above and foregoing Resolution was proposed by +Councilmernber Lin seconded g g b �Councilrnernber Martner, and was duly pass.d and adopted by the Council of the City of Lompoc at i ts regular meeting on October 20 2009 by the following vote AYES: Councilrnember(s): Tony Durham, Cecilia Martner, Bob Lingl, Ann Ruhge, and Mayor Siminskl. NOES: Councilrnernber(s None Mike Sirnins Veyor City of Lompoc ATTEST: canna N. Terronefi CIVIC lty Clerk, city of Lompoc Resoluti No 9038 Resolution of the CouncH of the Cit of Palo Alto Oppos' M g the New T wo-Thirds Vote Re for P ublic Providers" Wflative WHEREAS, the "'New Tiro -Tbi rds Vote Requirement for Public Electricity Providers" Initiative (Initiative) has qualified for the June 8, 201 Statewide Primary Election; and WHEREAS, the Initiative is a Constitutional Amendment; and WHEREAS the Initiative would require a pu lic power provider to obtain a 2/3 voter maj ority in both existing terdtory and proposed territory expansions prior to spending funds for a utility system expansion; and WHEREAS, the Initiative would prevent elected representatives or a simple majority f citizens from. detenn inin whether the errant to have public poorer in any nearly annexed areas; and the Initiative would 'prevent a simp majority of citi zens from WHEREAS, p p determinin. g whether they want Community Choice Aggregation, a program authorized by the state legislature in 2007 that allows a city, county or .group of govetment agencies to procure and rovide electricity to residents and. businesses within its jurisdictions; and p WHEREAS, although the City of Palo Alto is heady a public power community, Palo alto wishes to support citizens ability to opt for locally controlled public poorer in connnunities throughout the state; and WHEREAS, the proposed. Initiative contains a number of. amb.iguities that could affect the City's electric utili. ty operations within. the City's existing juns+diction, including p otentially requiring a /3 voter majority before the City can make investments in transmission or generation facilities to serve its electric load; and WHEREAS, the Legislative Analysts Office concluded that the Initiative would create an unknown impact to state and local govemment costs and revenues, depending on future voter decisions, due to the potential impacts on electricity rates and publicly owned electric utility operations. Now, 'THEREFORE, the Council of the City of Palo Alt does resolve as follows. ECTI N 1® The council by adopting thins resolution does hereby, oppose. the Initiative on the June 20I0 ballot. 100249 s3m 6051064 SECTION 2 'Tae City Council and staff are authorized to provide impartial infomational materials on the Initiative as may be lawfully provided by the City's representatives. No public funds shall be used to campaign for or against the initiative. SE The residents of the City of Palo Alto are encouraged to become well reformed on the Initiative and its possible impacts. SECTION 4 The Council finds that adoption of this resolution does not meet the California Environmental Quality Act's definition of a project pursuant to public Resources Code Section 21065, and therefore, no environmental impact assessment is necessary. INTRODUCED AND PASSED: February 01, 2010 AYES: BURT, ESPI `OSA, DOLMA., FEIN, PRICE, SCHARFF SCHMID, SHEPHERD, YEH NOES: SENT: ABSTENTIONS: L Deputy CitJ Attorney N fF Mn=a Mayor City Director of 100209 syn 60SIO64 Recommendation (REU) sta ff res ectfull recommends that the Redding City Council take Redding Electric �'t�l�ty resp ectfully Vote an op ose post California State Ballot ]Petition o9 -ool5, the 'New 'Two Thirds Local Public Electricity Providers Initiative Constitutional Amendment" Requirement for t3' (In B ackground O n June 1 2 00 9 a the Initiative was filed with the California Mate Attorney General for the June The p Initiative is being sponsored by PG&E. anal, if passed, would X01 statewid ballot. p p ab ility of publicl electric utiiti s to expand .electricity service beyond their impact the ab ty current boundaries. The Initiative would also impact the ability of cities. and counties to engage in community choice aggregation. the California Attor General authorized the proponents of th.e Initiative to On July �3 2009, necessa 694 3 54 verified signatures by December 21, 2oo9, to qualify for for the June gather then ary g The which does not a ear to be a problerri. The Initiative eras originally named 2010 ballot, PF led Taxpa R ight to Vote Act. After the San Francisco Local Agency' l� onnation �ornm mss fi name the r quire the proponns to cha the title to be a protest against this y h more reflective of t he issue, The Initlative is now called the "New Two Thirds Requirement for Local Public ale Ele ctric i t y Providers Initiative Constitutional Amendment," however, PG&E continues to publicly refer to the Initiative by its original title. Under ex�st�ng California law, cities are allowed to complete. annexations that. include the 44 f electric service b the approval of a simple majority of voters in the area to be expansion o pp The Initiative would change the law such that prior to expanding electricity service into annexed. 'I`h g a newly annexe p d portion of the city, or to any portion of the city where the city's utility is not the provider of electricity, the public poorer provider would need to obtain two thirds voter sole pr p approval from both the existing service area and the proposed expansion area. wou also require cities or counties intending to pursue community choice. The In �rou aggregation to obtain two thirds voter approval before proceeding. Community Choice Aggregat ion (CCA) was authorized by the state legislature in 2007, and allows a city or a county for group of go vernment agencies) to p rocure and provide electricity to residents and businesses g encies within its jurisdictions. F�nally the voting req uirements of the Initiative would apply before there is an expenditure of p ublic funds for consideration of a service area expansion. Report to co council November 12, 2409 California Strate Ballot Petition 09 -0015 Page 2 The Redding City Council and staff of the City of Redding may not advocate on behalf of the City for or against the Initiative if public funds or public resources are in anyway involved; however, local governing boards may adopt a resolution that officially supports or opposes any ballot initiative during an open meeting. Therefore, REU staff recommends that the City Council take a position to onno se the Initiative. sse Should. the City Council adopt the attached resolution ❑sin the Initiative, expected to be voted on the June 2010 ballot within the State of California? A ternativess Implication ofAlter atives The City Council has two alternatives: 1. Approve the REIN staff recommendation to apse the Initiative. The implications of this alternative are that the City of Redding can formally be on record in opposition to the Initiative. 2. Disapprove the recommendation. The implications of this alternative are that the City Council does not wish to take a position on the Initiative. According to the California Legislative analyst's Office (analysis attached), the fiscal effects of this Initiative are unknown. The net impact on state and local government costs and rev6nues are dependant on future voter decisions due to the measure's potential effects on electricity rates .and publicly -owned utility operations, The enactment of this measure could affect the utility's finances due to its potential impact on electricity rates. As noted above, some local government agencies might not start up or expand a publicly owned 'utility into a new territory or create a CCA as a result of the measure's new voter approval requirements. In this event, the rates paid by electricity customers in that and neighboring jurisdictions could be higher or lower than would otherwise have been the case. Such potential impacts could affect state and local goverment casts since many public agencies are themselves large consumers of electricity. Conclusion The proposed Initiative could affect the ability of Redding to expand and offer REU services. Therefore, REU staff respectfully recommends that the Redding City Council take an ,o pose position on the Initiative. Attachment I) Analysis 2) Resolution G.Admin F&ACity Council\StafFRcpvrts\2009 Talifarnia State Ballot Petition 09 -0015 12- 1- 49.dac 'RE SOLUTION NO. 0 9 -3 90 OPPOSING THE PROPOSED "NEW TWO --THIS REQUIREMENT FOR LOCAL PUBLIC ELECTRICITY PROVIDERS" INITIATIVE WHEREAS, the California Attorney General has approved the initiative "New Two- Thirds Requirement for Local Public Electricity Providers" and it will be placed on the rune 2010 ballot if the proponents obtain sufficient petition signatures; and WHEREAS, if adopted, this initiative would require a public electricity provider to obtain a two- thirds voter majority of both the voters in the existing territory and the voters in any proposed expanded territory anyth ne prior to expending farads for expansion or construction of facilities outside current boundaries or to establish service within existing boundaries; and WHEREAS, this initiative would also have a potentially significant impact on local government costs and revenues due to its potential effects on electricity rates and Roseville Electric operations; and WHEREAS, for these reasons, staff recommends that the City Council tape a formal position to oppose this initiative and educate Roseville residents about its possible impacts; and NOW, THEREFORE, BE IT RESOLVER that the City Council of the City of Roseville hereby opposes the proposed. "New Two- Thirds Requirement for Local Public Electricity providers" Initiative. PASSED AND ADOPTED by the Council of the City of Roseville this 23r dday of e t o o ff, b the following vote on roll call: AYES OOUNCILMEMBERS A l Gray, Garbo l i no NOBS COUNCILMEMBBRS: ABSENT COUN CILMEI BERS: None Garcia, Roccucci M ATTES aixv- 04 ��e� City Clerk RESO UT'ION CIO, 10-7699 A RESO OF THE CITY OF SANTA CLARA, C ALIFORNIA, OPPOSING PROPOSITION 16, THE "NEW TWO THIRDS VO'T'E REQUIREMENT OF LOCAL PUBLIC ELECTRICITY PROVIDERS, 53 CALIFORNIA STATE BALLOT PETITION 09-001.15w B E IT RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS. WHEREAS, the above- captioned California State Ballot Petition 09 0015 "Initiative was qualified for the .Jame 201 O state ballot on Januar 12, 2010; and WHEREAS, if enacted, the pity of Santa Clara's Electric T.�tility mould be subject to the provisions of the Initiative; and W HEREAS, certain provisions of the Initiative could have adverse impacts on the City's abilit to effectively provide economic and reliable electric service to customers of the City of Santa Clara's Electric Utility; and W HEREAS, a City Council Agenda Report ("Staff Report"), which included a recommendation to oppose the Initiative, wa heard by the C i ty Council at its regularly scheduled meeting on February 16, 2010, and, WHEREAS, the City Council reviewed aid approved the recommendations contained in the Staff Deport, which included the recommendation that the City Council oppose the initiative; NOW THEREFORE, BE IT FURTHER RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS: 1. That the City Council hereby opposes the Initiative. 2. That the Mayor and C ity Manager are authorized to send copies of the Resolution tP n P o request. Resolution /New Two Thirds 'dote Requirernent of Local Public Electricity Providers Page t of 2 Rev. 02- 17-09 Typed: 01 -22 -1 Const"tutionality several t ltt If any section, subsection, sent ence, cl ause phrase or word of this resolution is for any reason held by a court of jurisdiction cone etent to be unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of the resolution. The City of Santa Clara hereby declares that it would have passed this resolution and each section, subsection, sentence, clause, phrase, and word thereof ir respective of th e fact that any one or more sections subsection(s), sent clause( phrases), or word(s) be declared invalid. .I HEREBY CERTIFY THE FOREGOING TO BE A TRUE COPY of A RESOLUTION PASSED AND ADOPTED BY THE CITY OF SANTA C LARA, CALIFORNIA, AT A REGULAR MEETING THEREOF HELD ON THE 16 DAY OF FEBRUARY, 2010 BY THE FOLLOWING VOTE: AYES: COUNCILORS: Keiu -.edy, Kornder, McLeod and Moore and Mayor Mahan NOES COUNCILORS: Note AB COUNCILORS: Caserta and Matthews ABSTAINED: COUNCILORS: Kane ATTEST: ROD DIRID ON, JR. CITY CLERK CITY OF SANTA. CLARA Attachnimts Incorporated by Reference: 1. New Two Thirds Vote Requirement of Local Public Electricity Providers Initiative Constitutional Ameiidmeiit," California State Ballot Petition 09 -0015 Resolution New Two Thirds Vote Requirement of Local Public Electricity Providers Page 2 of Rev. 02-17-09; Typed; 01 -22 -1. 0 July 7, 2009 Hon. Edmund G. Brown Jr. Attorney General 1300 I Street, 17 1h Floor Sacramento, California 95514 Attention: Ms. Krystal Paris Initiative Coordinator Dear Attorney General Brown: Pursuant to Elections Code Section 9005, we have reviewed a proposed constitu- tional amendment initiative relating to voting requirements for expanding or establish- ing publicly owned electricity providers (A.G. File No. 09-- 0015). Provision of Electricity Service in California California Electricity Providers. Californians generally receive their electricity service from one of three types of providers: investor owned utilities (ICUs), local publicly owned electric utilities, and electric service providers (ESPs). These providers provide 68 percent, 24 percent, and 8 percent, respectively, of retail electricity service in the state. Investor -Owned Utilities. The IOUs are owned by private investors and provide electricity service for profit. The three largest electricity IOUs in the state are Pacific Gas and Electric, Southern California Edison, and San Diego ,Gas and Electric. Each IOU has a unique, defined geographic service area and is required by law to serve customers in that area. The California Public Utilities Commission (CPUC) regulates the rates charged by IOUs and hove they provide electricity service to their customers. Publicly Owners Utilities. Publicly owned electric utilities are public entities that pro- vide electricity service to residents and businesses in their local area. Not regulated by CPUC, publicly owned electric utilities set their own terms of service, including the rates charged to their customers. Electricity service is currently provided by local governments through several different governmental structures authorized under state law, including: Utility departments of cities, such as the Los Angeles Department of water and Power. Municipal utility districts, such as the Sacramento Municipal Utility District. City council Exhibit 6 to Report Re: Agenda Item #6 -D o3 -16-10 2 duly 7, 2009 Hon. Edmund G. Brown ir public utflit districts, such as the Truckee Donner Public Utilit District. a Irri districts, such as the Imperial Irri District. Electilc Service Providers. The ESPs provide electri se.r to. customers who have chosen not to receive* service from the IOU or publid owned utilit that would otherwise serve their g eo g raphic area. Under this approach, a.n electricit custom en- ters into what is termed a "direct access" contract with an ESP. that del e lectricit y to the customer throu the local utilit transmiss ion and distribution s Ele service provider rates are not re CPUC. There are currentl ei re tered ON, mainl servin lar industrial and .co elec- tricit consumers are currentl barred from enterin mto ESP contracts, a lthou g h-state law will a permit this to occur s y ears from now. communit Choice A In addition to the ES F arran discussed .above, state la allo a cit or a count or a combination of the two, to arran to provide e se w ithin their j urisdiction throu a contract with an electricit provider other than IOU that would otherwise serve that local area. TMs version of dir .access is referred Was Althou no commumtv choice a CCA) "communit choice.a c urrentl y e)dsts to provide electricit service in California, several communities are ex- plorin this option. Under this approach, electricit would be purchased b the CC A. from an E.SP. in- stead of the local IOU. However, the tran a distdbution s of the. IOU servin that local area would continue to be used to deliver theelectri t the turners. Electri Ct icustomers widiin that j urisdiction would automaticall g et their elec- 1 tricit from the CCA unless the elected to continue to receive service from the IOU servin their local area. Voter Approval Re for Pu Owned Elec Providers As noted above, publicl owned utilities can be or under s ever a l diffe types of gove mment structures, such as munic util distric Ea t of local g overrunent entit that is authorized to provide electricit service,, and that is consider- existin ice be in either either the start-up of elec service o r the expans of 9 s ervice q u"re l ents. its current service area, is subject to certain state re Various st specif whether voter approval is re for the start-up of elect service b au g overranent intends to expand its local g overnment entities. Under state law., if a 1O.cal j electricit service into a new territor t nvV e area must be annexed and a ma orit of the voters in the area proposed for annexation must approve the expansion. However, no vote of the public is g enerall y require d in such cases within the existin service terr-1- to of the local g ovenunental entit that is prop the expansion. In some cases, a focal commission re such a vote as a condition of approvin the annexation.) Lo- -21. Hon. Edmund G. Brown Jr. July 2009 al a action to create a CCA, in contrast, may be undertaken. upon. a vote of the lo c ag ency oral.* cal agency governing board. and does not require local voter appro PRO POSAL The measure p p laces new voter. approval requirements on local governments before they can use "'Public funds defined, broadly in the measure to include tax revenues, various forms of debt, and ratepayer funds—to start up electricity serce, expand elec- tricity service into a new territory, o r to creat a CCA. First, if an authorized local g ov- ernment entity seeks to sta up electricity service, it m ust r ec e ive a pprov al by two thirds of the g ofer s in the area proposed to be served. Seco nd, if an e xi publicly owned utility seeks to exp its electric delivery service into anew. territory, it must receive an a pp royal b two- thirds of the voters in both the area currently served by the utili t proposed an the new area. to be served. 'Third, the measure requires two- thirds voter approval for a local goverrunent to create a CCA. The measure p three exemptions to local governments from these voter ap proval rerluirements: If the use of public funds has been previously approved by the voters both widii n the existing jurisdiction of the local govermment and the territory pro- posed used for expansion. If the ublic funds would be used solely to purchase, provide, or supply p specified es of renewable electricity, such as grind or solar power. If the p ublic funds would be used only to provide electric delivery service for the local govenunent's own use. MSCA E FF EC T S Local Administrative Costs f or Elections. Because this ,measure requires voter ap- roval for specified local ovemme�n�t actions, it would. result in additional. costs to local p l p g g overnments each time a p roposal requiring voter approval was placed. on the ballot. g p p These casts would p ri manly be related to preparing and mailing election- related maters als. in most cases, the balloting could be consolidated with already scheduled elections. The increased election- related costs due to this measure would probably be tenor. P otential Impact on State and Local Government Costs and .revenues. is rmeas- ure could affect local g overrunent costs and revenues due to its potential effects .on. the operation of publicly owned utilities and CC As. It could also affect the finances of state and local agencies overnment i n California because of its potential arnpa.ct on electric- g ity rates. These effects would largely depend upon future actions of voters and local a g overmnents. We discuss these potential effects i n more detail below" Hon. Edmund G. Brown Jr. 4 July 7, 2009 First, the new p ublic gofer ap requirements for the start -up or expansion of r hlic publicly owned utilities or the formation of CCAs could, in some cases, result in pu p disapproval of such changes. Also, the existence of these new voter approval require pp r lams. ments could detek some local government agencies from proceeding with such p lans. To the extent that this occurred, local government .agencies could collect lower reve e c ustome rs, and incur lower costs for the o p erat i on and coordination of from electricity custon"�e electrici. ty services, than would otherwise he the case. S econd the enactment of this measure could also affect the finances of state and. lo- cal g overnment agencies i mpact r encies in California due to ts potential on electricity rates. As noted above some local government agencies might not start up or expand a publicly owned utility into a new territory or cr e ate a CCU. as a result of the m eas ure s n ew v o te r �ernents. In this event, the gates aid by electricity customers in that and approval ret� p neighborin j urisdictions could he higher dr lower thin would otherwise here been the case. This could affect state and local government costs, since ma ny public agencies are them selves large consumers of electricity To the extent that changes in e lectricity ra affe business p rofits, sales, and taxable income, these factors could affect state and lo- e cal tax revenues. The net fiscal effect of all of these factors on the finances of state and local gover- ment agencies is unknown SUMMARY In summary, the initiative would have the following major fiscal effect: Unknown net impact on state and local government costs and revenues, de- p ending endin on future gofer decisions, due to the measure i s potential effects on electricity rates and publicly owned utility operations. Sincerely, Mac Taylor Legislative Analyst Nfichael C. Genest Director of Finance CITY OF ALAMEDA RESOLUTION NO. OPPOSING PROPOSITION 16, THE "NEW TWO-THIRDS VOTE REQUIREMENT FOR PUBLIC ELECTRICTY PROVIDERS INITITIATIVE CONSTITUTIONAL AMENDMENT E 0 1 WHEREAS, the "New Two- Thirds vote Requirement for Public Electricity Providers Initiative Constitutional Amendment" (the Initiative) has qualified for a the June 8, 2010 Statewide Primary Election; and WHEREAS, the Initiative would require a public power provider to obtain a two- thirds voter majority in both existing territory and proposed territory expansions prior to spending funds for a utility system expansion; and WHEREAS, the Initiative would prevent a simple majority of citizens from determining whether they wish to pursue community choice Aggregation, a program authorized by the state Legislature in 2002 that allows a city, county, or group of government agencies to supply electricity to residents and businesses within their jurisdiction; and WHEREAS, the Initiative contains vague and ambiguous. language which can be construed to require an existing public utility to obtain a two- thirds majority vote of citizens for the development of non renewable generation facilities or transmission lines located outside of the city's jurisdiction; and WHEREAS, such restrictions could constrain Alameda Municipal Power's (AMP) resource planning and procurement efforts by imposing two- thirds voter approval requirements prior to AMP committing to new i.nv.estrnent in transmission or generation infrastructure to serve its electric load; and WHEREAS, although the city of Alameda is already a public power community, this Initiative would thwart the ability of citizens to opt for locally controlled public power in other communities throughout the state; and WHEREAS, on February 22, 2010, the Public Utilities Board, by motion, recommended that the city council adopt a resolution opposing the Initiative. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Alameda that: 1. The Council does hereby oppose the `New Two- Thirds Vote Requirement for Public Electricity Providers Initiative constitutional Amendment"; and 2. The residents of the city of Alameda are encouraged to become well informed of the Initiative and its possible impacts. Resolution #6 -D 03 -16 -1D I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the Council of the City of Alameda in a regular meeting assembled on the 10th day of March, 2010, by the following vote to wit: AYES NOES: ABSENT: ABSTENTIONS: IN WITNESS, WHEREOF, I have hereunto set nay hand and affixed the seal of said City this 17th day of March, 2010. Lara Weisiger, City Clerk City of Alameda CITY OF ALAM E DA Memorandum To: Honorable Mayor and Members of the City From: Ann Marie Gallant Interim City Manager Date: March 16, 2010 Re: Adopt a Motion Accepting the .Re ort on Potential Op eration of th p e Mi.f Albright Golf Course by .a Non- Profit Organization and Hear. a Presentation by A Ju nior golf on Potential Lease and D p eration of the. Mif Al brig ht Course BACKGROUND In November. 2008, f6ilowing an operational review by tie INational golf Foundation, which. was preiented in J uly 2008 the pity Council authorized the closure of the :Illlif Albright Par 3 Calf bourse. This action wa s .based. on several f6 to a dov own ward trend in revenue; a decline in .the .number. of rounds la ed and the continiued escalation of. maintenance and Y operational enditdre.s resultir in operational ca p g p sh negatives for. the. cou rse. On May 5, 2009, following. public sup p ort to :reo erg .the M if Al bri ht Course th pp g e�ty Council directed the interim pity Manager to. work Frith re resentatives from the Golf p Corr mission. and ..Aiameda Junior Golf to reo e n he course Burin the bus summer p g. y and fall seasons. Staff. was also. d irected to monitor the financial erforrnance of the p course clos during this six- n-onth period and to re ort to the: Cit Council with the p y actual performance results during this period. On January 8, 2000, staff provided tie hi 1 season results to the fit Council g y with a recommendation to. close. the Mif Albright Cou rse and relocate it to the front nine. holes of the South Course, in order. to retain if ex eriences for teens and seniors while p reducing negative operati expenses. I= ollorin an extensive discussion based u on community inp ut, the city GouncI adopted a motion "to at until the end of May in order. to have a fuller. discussion Frith the long- operator to provide an evaluation of hour the Mif:Albright Cou rse fits into the .son terns an of two 18�hole courses with the 0 p full understanding that there could be u p to a $200. hit that v i be derived from the $1 million remaining reserve fund." The moti was then amended to include direction to explore other options. to operate the Mif 'Albright Co u rse se aratel p y, including operation by a non profit. City Counci Agenda Item #6 *E 03-16- Honorable Mayor and March 10, 2010 Members of the City Council Page 2 of 3 On February 16, the city Council discussed a referral by vice Mayor.deHaan (Exhibit 2) related to the I111if Albright Course. The referral noted that a task force formed b the Golf Commission had been reviewing the feasibility of establishing a non profit organization to operate the Mif Albright Course. The referral requested that the results proposed operating of the task force's work be included as part of the overall ro osed o eratin lan for the Chuck Corica Golf complex. DISCUSSION Due to the highly specialized nature of the research, staff secured the services of a qualified consultant knowledgeable In the golf industry, especially in the highly p y 0 y competitive California market, to complete a research report on the practice of utilizing non profits to operate par 3 and /or executive courses in California, David. Sans, a municipal golf consultant, was selected. Mr. S.ams has more than 35 years of municipal golf experience, including working as a municipal employee. overseeing golf .operations in both northern and southern California. M.r..sarns' most noted p ro'ects are Monarch Bay in San Leandro and Brookside Golf Club in Pasadena. The report was to focus on researching nor- profit operation of par 3 golf courses throughout the State. specific areas studied will include: 1. financial performance and sustain ability of nor- profits, both ublic and private; p p 2. course configuration for those .sustainable as .non- profits; 3. responsibility for course operation and maintenance. Mr. Sams will be present at the city Council Meeting n March 10, 201 o to resent the g p report (Exhibit 1), address any questions and offer recommendations if requested. In addition, per City Council action of January 0, and based upon vice Mayor deHaan's p y referral of February 10, a community based organization, Alameda Junior Golf, will also present a plan to operate the Mif Albright Course. Documentation on. AJG's incorporation, bylaws and officers, as well as a .business plan financial summary, are attached as Exhibit 3. FINANCIAL IMPACT This report is informational only. Financial impacts cannot be determined until an operational model for the complete .Golf Complex is determined. should the City Council elect to include a non profit component in the negotiation of a long -term management, maintenance and operational lease of the Chuck Corica Golf Complex then such direction would be appropriate to include in the motion for Agenda Item #oF. Should a non- profit be selected to maintain and operate the Mif Albright Course, the City would require the following insurance coverage: Honorable Ma and March 16, 2010 Members of the Cit Council Pa 3. of 3 Workers' Compensation: statutor limits, with $1 000 in ern plo Liabilit covera This assumes covera for both emplo and volunteers. Medical Pa covera $250,000 per volunteer. Thi s assumes no workers compensation. covera for volunteers). General Liabilit $2,000,000 CSL (claims, sin limit) for bodil in and propert dama covera Automobile Liabilit covera $500,000 per occurrence, $11000$000 in. the a for bodil injur and. assumes propert dama (This. the use of li ht tr and and e trailers for the g eneral h ulg f a in o s od, hose rakes sand, mowers, fertilizer spreaders wheelbarrows etc.) Propert covera providin all-risk (except flood .and. ake) replacement Cost covera on all real propert and prop rt in the open e i with a $g4 deductible will be maintained b the Cit Th usual .an.d.custo.mar "General Conditions" which. include b t:are u not limited to additional. named insured status on e l it y p olicies and subro waivers would.lik apply .o poli Deductible amounts.. and self: insured retentions would likel b e. subje to the approval of Risk Mana RECOMMENDATION Adopt a motion acceptin the report on potential operation of' the. Mif Albri ht Golf g Course b a non-profit or Exhibits: 1. Report b Golf C I.tan David .S.ams file in the Cit Clerk's Office 2. Februar 16, 2010:13ef byvice.Ma 3. Alameda Junior Golf Non-Profit Documentation COUNCIL REFERRAL FORM Name of Councilmernber requesting referral: Counc ilmernber deHaan Date of submission to City Clerk (must be submitted before 5 :00 p.m. on the Monday before the Council meeting requested Feb a ry 8 2010 Council Meeting date: Februar y 16 2010 Brief description of the subject to be rinted on the agenda, sufficient p g �cient to inform the City Council and public of the nature.of the referral: At the council meeting of Jan 6, 2010, the. council acre di ,ection to the City Y Manager, that the Golf Commission .is to forma Tavk Group to review the feasibility of establishing a non- profit organization to operate the Mif olf g course. A Task Group was. formed and has prepared a. preliminary report for the council's review and acceptance. It is requested that the subject findings be. included as part of the overall proposed operating plan of the shuckorica GQIf Gorr p lec. This discussion Is scheduled to take place at the special .council meeting of Feb. 25, 20 1 o. City Counc Exhibit 2 to Agenda Item ##6 -E 0346 -10 STATUS REPORT RE NON-PROFIT OPERATION OF THE MIF ALBRIGHT COURSE Consistent with the resolution passed b Cit Council on. Januar 6. menibers of the Alameda g olf communit (informall known. as the `Keep the Mif Coalition." have accepted the challen of developin a plan for operation of the Mif Albri course b a non-profit entit The focus has been on 1 or (2) fund-raisin and communit support and 3 business plannin This men orandurn sets forth the pro to date in each of these three areas. I. Or At its Januar 21, 2010 meetin the Alameda Golf Commission established a task force to work with the Keep the Mif Coalition in de-vi sincy a plan for non-profit operation of the Mif. Z:!4 I On Januar 28, 201 the Board of Directors of the Alameda Junior Golf Association ("AJG") approved a resolution b which AJG would undertake the responsibilit of operatin the Mif. AJG is an existin 501 (c)(3 entity whose income is not subject to taxation and to whom donations are tax-deductible AJG proposes to lease the Mif propert from the Cit for $1 per y ear. 11. Fund-Raisin and Communit Support In order to ensure that funds needed to pa start-up costs and provide workin capital for operation of the Mif are available, pled have been obtained from: 0 The Perforce Foundation, which has offered a".challenore arant'k of $20 This g rant will match communit donations Lip to $20,000. 0 Members of the Alameda Women's Golf Club, the Alamcda [Men's Golf Club, the AJG board and miscellaneous friends of g olf in Alameda, who have pled $12,280 to date. Zn Other g olf and business g roups and interested individuals are bein asked to make pled The Keep the Mif Coalition is optimistic that it will be able to meet the Pei-force Challen g rant. If so, non-profit operation will be with at least $40,000 of workin capital. Z n It,- 111. Business Plannin The Keep the Mif Coalition is developin a comprehensive business plan for operatin the Mi.f. the latest version of which will be made available to Council on or before Februar 15. The hi of the plan. are: 0 Based on historical data for the last four fiscal y ears. the Mif is capable- of generatin revenue from g reens fees of $130,000 per y ear even under "disinterested" mana 0 AJG will not be "disinterested." Rather. AJG intends to take steps intended to increase revenue in the short- and lon For example, AJG will vi exploit the opportunit to obtain subsidies from the Northern California Golf Association for j unfor pla which amount to $7 per round. In addition, AJG­ will activel campai to enlist Z� business and other conimunit g roups in holdin events and settin up at the Mif. lt� Z� Atl� Z�l For whatever reason,, KeniperSports, the current g olf complex operator. has i revenue- raisin ideas such as these. AJG will not be similarl indifferent. Based on. the hard-dollar expense fi provided b y staff and KemperSports. the MI-f can be operated at no worse than break-even. The presentation b staff to Council. on Januar 6 included as operatin costs both a monthl manaaernent fee of $1,000 to KemperSports and an "allocation** to Kenipet-Sports for mana overhead of $19,241 for six months. AJG will not have to pa or "allocate,"' these an-iounts to Kempel-Sports. In fact, it ina be possible to reduce actual operatin costs below the level currentl bein char to the Cit b KernperSports: The Keep the Mif Coalition has contacted several g olf-course maintenance companies about providin turf maintenance. Three, q uotes have been obtained, and others are expected. AJG will also seek a bid to provide turf mana to the Mif from. the compan selected b the Cit to operate the Jack Clark a Earl. Fr regulation courses. The Coalition is workin with a Certified Water Distribution Operator, who is providin his time on a volunteer basis, to explore wa to reduce the cost of water used to irri the Mif. AJG will conduct an on effort to finance capital improvements throu promotions on and donations. For example, hole sponsorships can be marketed to local busuiesses and other or Likewise, a "bricks for the tee"' pro can be established for attractin individual donations. And g rants can be sou from national and re g olf or such as the Northern California Golf Association. In developin the business plan, the Keep the Mif Coalition has not acted in isolation. It has sou and obtained, market data and advice from experts in the northern California g olf inarket as distin from the g eneric information provided b staff and KeniperS ports It has also 1. sou and obtained input from successful. non-profit g olf course operators 'n and Zn I Z� I Ca I elsewhere. IV. Conclusion The Keep the Mif Coalition is firmly convinced that continued operation of the Mif Albri course is a vital part of the parks and recreation services offered b the Cit to Alarneda residents. It also realizes that the Cit is unwillin and unable, to subsidize M operations out of the General Fund. The g oal of the Coalition thus is to show how to accomplish a worth objective usin CoMillunit and not Cit resources. We respectfull ur Council to consider the fore Y t:� t� Zn pro we have made toward that end. And we deferentiall seek its encoura to continue to do what is necessar to achieve success. Dated: Februar 8, 201 Submitted on. behalf of the Keep the Mif Coalition b Joe VanWink.le Robert T. Sullwold j oe_v an i nkl.e hotii all com its g reen stamps. con 4 ti. s F F i mss: y. t ick MA t SEUSTATIE FORM CE -107 009 RkOA& qVV So o Secretary of State City Council Exhibit 310 Agenda Item ##6 =F 03m l 6 -10 The name or tin �4oratiOn is A A M ED A si a Corporation is a nonpro pu blic lent co r�tiort and. is not organized the te gain of any.person. It is. organ under the 1Nonpm f it pubik Benefi Corporation later for charitable urpos .The spec fic Pulses for which this corporation is caganized are es' to t if 1/ o u n e o .l V Al rt 1 M -in nati 0 f ma t e rialr� xnc ludi but no t lip. Le e s po -rt o f 1f Thi -is to be ac c om 1 h d i�hrc�� ions vide A;Ldras ..and r333 a&. O,SEE: The nsrm and. address in the State of California of this c®rporafeWs iritiel agent for Of is Mr cal Sant are 25 ,5 Central Ave* Alameda CAS 01 FOUR: (s) his corporati is organizedand orated exclusi for cha able purposes within tw nwaWng of won 501 3) of the Intern gnus Code. (b) NoWthstanding any other provision of Hwse Articles, Ow corporation sha ll not carry on any Other activities not pemd'tWd.to. be carried. on (1) by a tion m federal.. inconm tax under lion 501(c)(3) of the Int r l Revenue Code or (2) by a WA-f"retion contributions to w hich are deductibleunder Section 170(02) of the Internal Revenue Code. xft W No sun part the ac o t h i s co s h a ll i� of carr on propaganda, or otherwise at rig to irduence.keslationand corporation s hall not participate or intervene in any political campaign ndtidirg the publishing or distribution of statements) on behalf of, or in opposition to, any candidate for public office. Tax Id 94- 3164373 President Vice President Secretary Treasurer Norma Arnerich Bill Wehr Connie Wendling Barbara Wood Skirl Amer Jack Carroll John Culiano Memberships &Handicaps Pam Curtis Schools Liaison Betsy Gammell Golf Commission Liaison Alex Stevens Nancy Wehr Bob Wood A dvi cnro, Richard Lee Legal Anthony Corica Scholarships Mike Javier Scholarships Fred Framsted Jr. Board Members Two are appointed each year for a one year term.. Non- voting. s. AL DA JUNIOR GOLF ASSOCIATION, a California Public Benefit Corporation. (AMENDED AND RESTATED AS OF MARCH, 2002) Section 1.01 The principal office of the corporation in the State of California shall be located in the County of .Alameda, California, or at such other locations as determined by the Board of .directors fr om time to time. I Section 2.01 The primary obj ectives and purposes of this corporation shall be to introduce junior golfers -17 gears of age) to a recreationa and educational golf program, and to eng age in such activities that further these purposes. Section 3.01 This corporation shall have no members. Section 3.02 Any action which would otherwise, under law or the provisions of the Articles of Incorporation or these Bylaws require approval by a majority of members or approval b the members pp y z shall only require the approval of the Board of Directors. Section 3.03 This corporation may refer to persons or entities associated with it as "members," but no such reference shall constitute anyone as a merrfber within the mew g of Corp orations Code section 5056. Section 4.01. Number; Selection; Term: (a) The Board of Directors of this corporation shall consist of no fewer than nine (9) and no more than nineteen (19), with the exact number of Directors to be fixed by a majority of the Board of Directors. (b) All Directors shall be elected by a simple majority vote of the Directors present at the regular March Board meeting each year. Each Director shall be elected for a term of one (1) year. Directors may be re- elected for. an additional term or terms. All Directors shall hold office BYLAWS of ALAMEDA JR. GOLF ASSOCIATION until their respective successors are elected the vac except �n event of resignation, disability or death ancy so created may be filled by the Board of Directors for the une term of his or her predecessor. Not more than forty nine p ercent (49%) of the persons se rving on the. Board n�.a be interested persons. An interested person is (1) an person on b e Ong compensated by the co for services rendered to it �vitl�.n. the previous twe cor p cl months, whether as a f or art time employee, nd.ependent contractor, or otherwise except pt as provided in Section off, and (2) any brother, sister, ancestor, deseendant, sp ouse brother-in-l s er_ a.w, s�ster-lr a.w, son-in- sughter -in --law, mother -in -law or father -in- law of such e p rson. however, any violation of the provisions of this paragraph shall not affect the validity r enforceability of any transaction entered into by the corporation. A Director may not participate p p to �n any vote on any proposed transaction with another organization or entity which such. Directo o s also are employee, principal or Director. Section 4.02. Powers- Subject to limitation impose b appl icable p pp le laws, by the Articles of Incorporation or by these Bylaws, all corporate powers shall be exercised of Dire b or under the Board. the suthor�ty of Directors, and. th business and affairs of the corporation shall be under the direction of the Board. The Board may delegate the management of the activities of the co rporation to any person or persons, management company, or committee however composed, provided that the activities and affairs of the corporation shall be managed and all cor p owers shall b e ex ercis ed s ultimate p ed under the e direction of the Board. Section 4.03. Board Meetings: Regular meetings of the Board shall be held on the first Thursday of each month at the Chuck Corica Golf Complex at 4:00 p.m. or at such other time as the Board shall set. Special meetings of the -Board may be called by the 'resident Vice President Secretary, the Executive Committee, or by any two Directors. Notice of such special meeting shall be p g given at least four days in advance by mail, and at least 48 hours in advance if by telephone telegram or in person. Such notice shall state the time and place of the meeting. It need riots sp ecif y the purpose of the meeting. p p� Section 4.04. Alternative Meetings: Directors may participate in duly noticed meetings g through the use of conference telephone or similar communication equipment, so lon as all Directors g participating in such meeting can hear one another. Section 4.05. Action without a Meeting: Any action required or permitted to be taken by the Board may be taken without meeting, if all members of the Board individually and collectively consent in writing to such action. Such written consents shall be filed with the minutes of the Board. For the purposes of this Section, "all members of the Board" shall not include Directors who have a material financial interest in a transaction to which the corporation is a party. Section 4.06. Quorum and vote of Directors: A rnaj ority of the number of Directors then elected to office shall constitute a quorum of the Board for the transaction of business; however, such number shall not be less than the larger of one --fifth of the authorized number of Directors or two Directors, whichever is l arger. A meeting at which a quorum is initially present may continue to transact business, despite the withdrawal of Directors, if any action taken or decision made is approved by at least a majority of the required quorum for that meeting. BYLAWS of ALAMED.A. JR. GOLF ASSOCIATION -2- Section 4,07. Executive Co 'ttee: The Board may designate (2) gn. two or more of its members (rho may also be searing as officers of this corporation) to constitute rp onst�tute an Executive Committee. The Board may appoint one or more Directors as alt ernate members of any committee, who may replace any absent member at any meeting of the committee. Unles s expressly authorized by the Board, only the Executive Committee, to the extent provided in the he resolution of the Board or in the b ylaws, shall have all the authority of the Board, except that other than Board n p an rnal�.ng recommendations t© the o co shall have the following authority: (a) The filing of vacancies on the Board or in an committee; thee, (b) The fixing of compensation of the Directors for serving on the Board or any committee; (c) The amendment or repeal of bylaws or the adoption of new bylaws; (d) The amendment or repeal of any resolution of the Board b y which whl its express terms is not so amendable or repealable; {e The appointment of committees of the Board or members thereof; (f) The expenditure of corporate f rods to support a nominee for Director after there are more people nominated for Director than can be elected; and (g) The approval of any self dealing transaction. Section 4 08 other Committees. The B oard may create other commi y rru.ttees by resolution of the Board. Such other committees may consist of persons who are not also members of the Board. These additional committees shall act in an advisory capacity only to the Board. y Section 4.09. Waiver of Notice: Notice of a meeting need not be given to an Director who signs a waiver of non p ce or a written consent to holding the meeting or an approval of the minutes thereof, whether before or after the meeting, or who attends the meeting without rotestin prior thereto p g or at its commencement, the lacy of notice to such meeting. All such waivers, consents and approval shall e pp b filed with the corporate records or made a part of the minutes of the meeting. Section 4.10. Adjournment: A majority of Directors present, whether or not a quorum is q present, may adjourn any meeting to another time and place. if the meeting is adjourned for more than 24 hours, notice of any adjournment to another time or place shall be given prior to the time of the adj ourned meeting to the Directors who were not present at the time of the adj ournrnent. Section 4.11. Removal of Director: The Board of Directors may declare vacant the office of Director who has been declared of unsound mind by a final order of court, or convicted of a felony, or been found by a final order or judgment of any cow to have breached an y du under Sections 5230 and following bf the California Nonprofit Public Benefit Corporation Law. BYLAWS OF ALAMED JR. GOLF ASSOCIATION ARTICLIE V: STANDARD OF CONDUCT OF DIRECTORS Section 5.. Duty of Care: A Director shall perform th 01 p e duties of a Director, Mcluding duties as a member of any committee of the Board upon which the Director rn may serve, in good faith, in a manner such Director believes to be in the best interests of the corp oration reasonable u� and with such care, �nclud�.g inquir as an ordinarily prudent person in a like position would use under similar circumstances. Section 5.02. Reliance on others: In performing the duties ofDirector g a Director shall be entitled to rely on information, opimons, reports or statements including g financial statements and other i financial data, n each case prepared or presented b (a) one or more officers or employees of the corporation whom the Director believes to be reliable and competent in the matters presented; (b) Counsel, independent accountant or other persons as to matters which the Director believes to be within such person's professional or expert corn etence• or 3 (c) A committee of the Board upon which the Director does not serge, as to matters within its designated authority, which committee the Director believes to merit confidence so long as, in any. case, the Director acts in good faith., after reasonable inqui when the need therefor is indicated by the circumstances and without knowledge that would cause such reliance to be unwarranted. S ection 5,03. Director Liability: Liability of Directors shall be limited to the full extent authorized by law. Section 5.04. Transactions Involving Directors: Any contract or other transaction between this corporation and one or more Directors, or an association, fn or corporation in which one or more Directors has a material financial interest or is a Director, shall be approved by the Board only according to the following strict requirements: (a) The material facts as to the transaction and as to such Director's interest are fully disclosed or known to the Board and such contract or transaction is approved by the Board in good faith by a majority without counting the vote of the interested Director or Directors; and (b) The contract or transaction is just and reasonable as to the corporation at the time it is authorized, approved or ratified by the Board. S ection 5.05. Loans: Except as otherwise authorized by law, the Board shall not approve any loan of money or property to any Director or officer of this corporation, except that this corporation may advance money to a Director or officer for expenses which are reasonably anticipated to be incurred in the performance of the duties of such Director or officer, and which are otherwise reimbursable expenses. Section 5,06. No Compensation of Directors as Directors: Directors shall not receive comp ensation for services rendered in attending meetings of the Board or of co r mittees o f the Bo 13 YLA WS of A LAMEDA JR. GOLF ASSOCIATION 4- Section 5.07. Compensation of Directors In Performing ervices Other er than That of Director: The Board may reasonably compensate a Director for servic perfornZed for this corporat o ther than in his or her capacity of Director, including way o f illustration n1 1 only, for services as an employee oyee or Independent contractor. However, at all tines, the total number of Directors who have been compensated by this corporation in the revious twelve months shall hall not exceed fob nine percent (49 of the Directors in office, as provided in Section 4.01(c). go Section 6.01. Officers: The officers of the corporation shall be a President a Vice-Pres esdent, a Secretary, and a Chief F ancial Officer. The corporation may also have at the rP discretion of the Board of Directors, more than one vice President, and any number of offices may be held by the carne person, except that neither the Secretary nor the Chief Financial Officer may serve concurrently s the Pr sident. Section 6.02. Election: The officers of the corporation shall be elected annually in March b the Board and serve at the pleasure of the Board, subject to the rights, if any, an officer under and contract of employment. A vacancy in any office due to death, resignation, removal, disqualification or other cause, shall be filled at the discretion of the Board. officers may be re- elected for an additional tenn or terms. Section 6.03. Authority: officers of the corporation shall have such authority and shall perform such duties as are provided in the Bylaws or as the Board of Directors ma y determine from time ng to tie. Section 6.04. President: Subject to the supervisory powers of the Board of Directors, the President shall be the chief executive officer of the corporation and shall have authority to direct and control the business and officers of the corporation_ The President shall preside at all meeting of the board. The President shall have the general powers and duties of management usually and customari vested in the office of President of public benefit corporations and shall have such other owers and duties P yes as may be prescribed by the Board or by these Bylaws. Section 6.05. vice President: In the absence or disability of the president, the vice President shall perform all the duties of President and when so acting, shall have all the powers of and be subject to any limitations upon the authority of the President. The Vice President shall have such other p owers and perform such other duties as from time to time may be prescribed for the vice President by these Bylaws or by the Board. Section 6.06. Secretary: The Secretary shad keep, or cause to be kept, at the principal office or such other place as the Board may direct, a book of minutes of all meetings and actions of the Board. The Secretary shall beep, or cause to be kept, a record of the Directors of the corporation, giving their names and addresses, and such record shall include termination of any Director. The Secretary shall give, or cause to be given, notice of all meetings required by the Bylaws or law to be given, shall keep the seal of the corporation in safe custody, and shall affix such seal to corporate documents as required, and shall perfonnn such other duties as may be prescribed by these Bylaws or by the Board. Section 6.07. Chief Financial officer: The Chief Financial officer sham e ep and maintain,, or cause to be kept and maintained, adequate and correct books and accounts of the properties and transactions of the corporation, and shall send or cause to be sent such financial statements and reports as are required by law or these Bylaws to be given. The Chief .financial Officer shall deposit or shall authorize the deposit p sit o f all moneys and other v aluables in the name of, and to the credit of, the corporation with such depos epostories as may be designated by the Board. The Chief Financial officer shall disburse the funds of the corporation as may be directed by the Board, shall render to the President and the Directors, 'whenever requested, an account of all financial transactions and of the financial condition of the co oration ow rp ,and shall have such other powers and. perform such other duties as may be prescribed b these Bylaws or the Boar d. Sectio 7.01. Indemnification: (a) To the full extent permitted by law, this corporation shall indemnify its Directors officers, employees and other persons described in Section 523 a of the California Corporation Code, including persons formerly occupying any such position, against all expenses judgments g p fines, settlements and other amounts actually and reasonably incurred in connection with an "Proceeding", as that term is used in such Section and including an action b '['I) g or in the rig of the corporation, by reason of the fact that such person is or was a person described b y such Section. "Expenses as used in this Bylaw, shall have the same meaning as in Section 523 8(a) of the California Corporation Code. (b) Upon wr"tten request to the Board by any person seeking indemnification under Section 5 23 8(b) or. Section 5238(c) of the California Corporation Code, the Board shall rom tl p py determine in accordance with Sec 5235(e) of the Code whether the applicable standard d of conduct set forth in S ection 5 2 3 8 (b) or Section 5 23 8 (c) has been net and, if so the Bo ard sh al 1 authorize indemnification. If the ward cannot authorize indemnification because the number of Directors who are parties to the proceeding with respect to which inderrinification is sought is such as to prevent the formation of a quorum of Directors who are not p aarti es to such proceedin the Board or the attorney or other person .rendering services in connection with the defense shall apply to the court in which such proceeding is or was g endin to determine whether the was p ending applicable standard of conduct set forth in Section 5238(b) or Section 5238(c) has been met. (c) To the full extent permitted by law and except as is otherwise determined by the Board in a specific instance, expenses incurred by a person seeking indemnification under th ese Bylaws shall be advanced by the co rporatinn prior to the final cis -no s it; on o f th noueed i.n u o n r VA receipt by the corporation of an undertaking by or on behalf of such person that the advance will be repaid unless it is ultimately determined that such person is entitled to be indennn.ified by the corporation therefor. S ection 7.02. Insurance: The corporation shall have the right to purchase and maintain insurance to the fall extent permitted by law on behalf of its officers, Directors, employees and other agents of the corporation, against any liability asserted against or inc a g erred by an officer, Director, employee r agent in such capacity or arising out of the officer's, Director's, employee's or a as such. agent's status ARTICLE VIII: FISCAL YEAR Section 8.01. Fiscal Year of the Corporation. Effective January 02 the he fiscal year of the corporation shah be the calendar year. ARTICLE IX: RECORDS AND RFPORTS Section 9.01. Maintenance of Corporate records: The corporation shah keep: p (a) Adequate and correct books and records of account; (b) Minutes in written form of the proceedings of the Board and committees of the Board. Section 9.02. Inspection b ]Directors: Every Director shall have the absolute right at any reasonable time to inspect all books, records and documents of every bind and the physical properties of the corporation and the records of each of its subsidiary corporations. This inspection by a Director ma be made in person or by an agent or attorney, and the right of inspection includes the right to copy and make extracts of documents. Section 9.03. Annual Report: Except as provided under Section 6321(c)(d) or (f) of the California Corporations Code, not later than one hundred twenty (120) days after the close of the fiscal year of the corporation, the Board shall cause an annual report to be sent to all members of the Board. Such report shall contain the following information in reasonable detail: (a) The assets and liabilities, including the trust funds, of the corporation as of the end of the fiscal year; (b) The principal changes in assets and liabilities, including trust funds, during the fiscal year; (c) The revenue or receipts of the corporation, bath unrestricted and restricted to particular purposes, for the fiscal year; (d) The expenses or disbursements of the corporation, for both general and restricted purposes, during the fxscal.year; and (e) Any information required by Section 9.04. Section 9.04. Annual Statement of Certain Transactions and Indemnifications: The corporation shall prepare annually and furnish to each Director a statement of any transaction or BYLAWS OF ALA..I' EDA JR. GOLF ASSOCIATION -7- indernMfication of the following kind within one hundred tenth (120) days after the close of the fiscal year of the corporation: (a) Any transaction to whi the corporation, its are which t p n or its subsidiary d� ark was a party and �n any Director or officer of the cor poration, its parent p or subsidiary abut mere common Director -ship shah not be considered such an interest) had a direct or indirect material financi interest, if such transaction involved over fifty thousand dollars ($50,000), or was one of a number of transactions with the Sarre erson n�ol�in. d p g, in the aggregate, over fifty thousand ollars ($50,000)- (b) Any indemnifications or advances aggregating more than ten thousand dollars 10,000) paid during the fiscal year to any officer or Director of the corporation pursuant to Section 7.01 hereof. The statement shall include a brief description of the transaction, ,the names of the Director(s) or officer(s) involved, their relationship to the corporation, the nature o s f such person's interest in the transaction and, where practicable, the amount of such interest; provided, p ,that in the case of a partnership in which such person is a partner, only the interest of the artnershi nee p p d be stated. Unless the context otherwise requires, the general provisions, rules of construction and definitions in the California Nonprofit Public Benefit Corporation Law shall govern the construction of these Bylaws. Without limiting the generality of the above, the masculine g ender includes the feminine and neuter, the singular includes the plural and the plural includes the singular and the term "person" includes both a legal entity and a natural person. Section 11.01. The Bylaws may be amended or repealed and new Bylaws may be adopted b a majority vote of the Board. p Section 11.02. The Secretary of the corporation shall see that a true and correct copy of all amendments of the Bylaws, duly certified by the Secretary, is attached to the official Bylaws of the corporation and is maintained with the official records of the corporation at the principal office of the corporation. 13YLA S OF ALAME A JR. GOLF ASSOCIATION _8.. I certify that I am the duly elected and acting Secretary of AL MIEDA JUNIOR GOLF ASSOCIATION, a California non-profit public benefit corporation, that the above Amended and Restated Bylaws, consisting of nine (9) pages, are the bylaws of this corporation as adopted by the Board of Directors on March 7, 2002, and that they have not been amended or modified since that date. Executed on March 7 2002, at Alameda, California. Connie Wendling BYLAWS OF ALAMEDA ,R, GOLF .ASSOCIATION -9- lqr cri co Ln Lr) kJo m V-1 Ln L Tl m m LO 0 Sk rq 4% 00 r---. rl-_ r-I Ln L 3 V) Lo rq Lo rl-lzl �o C) Ict eq U 44- L 0 g 00 u N 0 0 !!7 U Co Ln N cn to r'n ri w 1 m q 00 00 LM q-q 1 �1 V r N 0 Vl- V-4 r� 0 Ln 00 L lzt e Vl- 00 w !n r c N T-i Go 0 00 rWi Q1 m U tai lqt V-4 00 00 rn r14 U �ll tt '1 l.t� Chi 00 {'Y') co Cft eq in Ln 7 DU I 0 0 0 C7 0 to w C rl-I Q0 0 L 0 U r-I N lqt C't m W -1 -1 a r-A Ln �1 tiI .......i r# 04 00 r-I AA- 0 cz ref C) r 0 0 tF 0 U '0 00 R ZI cn 0 N m R* 1 m 0 s fa CD Ln 0 a 0 0 0 0 0 0 0 00 0 M Ln u a) (3) Ln m 00 Re rl-4 i cc Z> LL Ln u E c v co °C E 0. :3 0 0 `i `n (Ii -1-i C: U o L c` m vj �u o -0 C v U cy) u W L to L: 4wl C V Ln J LL 0 CL 4-1 U Q U !CL 0 0 0 0 d 7 Ln LL U U U cn Lu I cri r� C) 0 rq V-1 a� 0 to Sk to 4% 00 co L 3 V) rq Ict eq 44- 0 0 00 u N 0 0 !!7 U Co Ln Ln 00 kn u w 00 00 LM q-q T Vl- V-4 r� 0 Ln 00 L lzt e Vl- N Go N Ln tai co eq in Ln E a� 0 E 0 L 3 V) C W u E co U to 4-J kn u w U) Is LL E Q) E 0 %Flo NW rl 4, lqr Tel 0 0 A. E 3 tn 0 LM w ce. Q) 0 m 0 c c c 4-1 0 CL 4- Ll 4-1 U 0 X v 4-j m to W u 0 C: w 4-1 4-J iY 0 u tio Q) W ca 2 L- CL as Lr) U 'L 0 Cl) -C c 0 0 0 4-J a) kn u sue r-I o X0 X0 NO 0 0 0 0-1 Ln 0 Ln Ln r-I CA E 0 CLO S kn V) V) (u (U 0 U- (D Z, 0 Ln CL (U 0 C 0 u CL z Ln L.L x ui CL •-j 0 m .10 11 cr LU CL :3 M 0 u CL S— C) Q) tA 4-A 4-J 0 0 u u =3 66 L- 0 4-J Ln 0 C: aj E cr U.j E 0 I Vf 0 CU CL x a) ui Odom m x LU cu u 03 (D CA CL) 0 Q) CL x (1) L. cu CL 0 ONO, m r-I m LM 0 0 CL CL ba c NO 0 u Q) tko 4-J cu 0 0 CL x cu cu 42 0 4- W CL 0 (3) 4-1 to E w 0 0 u Rs cu U V) 0 Ln i 4-1 c: cu 0 0* E to aj CU 0 w 4-J W 0- o E VI 0 (3j x CL 4-J cu Z j m u L rta Ln can' 0 E i L CL 4-J 0 x w u o tw M X 0 0 IIIRO 0 %11 ol "ONO �OIR �O-Q �O-CQ Ln Rzj• Ln Ln m o x ui CL •-j 0 m .10 11 cr LU CL :3 M 0 u CL S— C) Q) tA 4-A 4-J 0 0 u u =3 66 L- 0 4-J Ln 0 C: aj E cr U.j E 0 I Vf 0 CU CL x a) ui Odom m x LU cu u 03 (D CA CL) 0 Q) CL x (1) L. cu CL 0 ONO, m r-I m LM 0 0 CL CL ba c NO 0 u Q) tko 4-J cu 0 0 CL x cu cu 42 0 4- W CL 0 (3) 4-1 to E w 0 0 u XTERNAL CORRESPONDENCE Page 1 of 1 La ra °Meager Fwd: Mif Albright u From: Beverly Johnson To: CITY CLERK Date: 3/2/2010 4 :37 PM Subject: Fwd: Mif Albright David Kirwin <alamedadave @gmail.com> 3/2/2010 2:40 PM Dear Mayor Johnson and members of the City Council: The golfing community was disappointed to learn that the proposal to operate the Mif Albright course through a non- profit corporation had been removed from the agenda for Council's March 2 meeting, although the recommendation for authority to negotiate with a long -term lessee for the Golf Complex remains on the calendar (Agenda Item 6 -B). We feel it is important that the Mif proposal be heard first, before any decision regarding the future of the Golf Complex is determined, so that negotiations with a potential vendor may include policy direction from the City Council regarding the appropriate configuration of the facility. Accordingly, we, the golfing community including members of the Golf Commission, the Alameda women's Golf Club, the Alameda [Men's] Golf Club, the Alameda Seniors Golf Club, the Alameda Junior Golf Club, the Commuter's Committee, and many others respectfully request that you vote on Tuesday night to continue Agenda Item 6 -B to March 16, when it can be heard in conjunction with, and following, the Mif non profit proposal. Sincerely, David Ki rwi n Bobby Ki rwi n file: /C:\Docunlents and Settingslcc user\Local Settings\ Ternp\XPgrpwise \4B8D3EDAAla... 3/2/2010 Page 1 of 1 Lara Weisi Fwd: Alameda Golf --Mif Albri Non-Profit Corp. Proposal From: Beverly Johnson To: CITY CLERK Gate: 3/2/2010 4 :37 PM Subject: Fwd: Alameda Golf -Mif Albright Non Profit Corp. Proposal Formerly onTonight's Agenda Gary Cerio cgcerio@ kksrr.com 3/2/2010 2 :56 PM Dear Mayor Johnson and Members of the City Council: The golfing community was disappointed to learn that the proposal to operate the Mif Albright course through a non profit corporation had been removed from the agenda for Council's March 2 meeting tonight, although the recommendation for authority to negotiate with a long -term lessee for the Golf Complex remains on the calendar (Agenda Item 6 -13). We feel it is important that the Mif Albright proposal be heard first, before any decision regarding the future of the Golf Complex is determined, so that negotiations with a potential vendor may include policy direction from the City Council regarding the appropriate configuration of the facility. The two issues are inextricably intertwined, and need to be heard together. Accordingly, we, the golfing community including myself, my wife, my sons [who are members of Alameda Junior Golf and are on the St. Joseph Notre Dame High School Varsity Golf Team], and members of the Golf Commission, the Alameda Women's Golf Club, the Alameda [Men's] Golf Club, the Alameda Seniors Golf Club, the Alameda Junior Golf Club, the Commuter's Committee, and many others respectfully request that you vote on Tuesday night to continue Agenda Item 6 -13 to March 16 2010 when it can be heard in conjunction with, and following, the Mif Albright non profit proposal. Sincerely, Gary A. Cerio Karen A. Cerio Andrew M. Cerio Matthew J. Cerio file:HC: \Docui rents and Settings \cc user\Loca Settings l cll a_p \xpgrpwisel4B 8D3EE4Alaiz... 3/2/2010 Page 1 of 1 Fwd: Mif Albri Non-Profit From: Beverly Johnson, Tv. CITY CLERK Gate: 3/2/2010 11:04 AM Subject: Fwd: Mif Albright Non Profit Steve Taddei <steve_taddei @ya hoo.com 3/1/2010 11:17 PM Dear Mayor Johnson, The golfing community was disappointed to learn that the proposal to operate the Mif Albright course through a non profit corporation had been removed from the agenda for Council's March Z meeting, although the recommendation for authority to negotiate with a long -term lessee for the Golf Complex remains on the calendar (Agenda Item 6_13). We feel it is important that the Mif proposal be heard first, before any decision regarding the future of the Golf Complex is determined, so that negotiations with a potential vendor may include policy direction from the City council regarding the appropriate configuration of the facility. Accordingly, we, the golfing community including members of the Golf Commission, the Alameda Women's Golf club, the Alameda [Mien's] Golf Club, the Alameda Seniors Golf Club, the Alameda Junior Golf Club, the Commuter's Committee, and many others respectfully request that you vote on Tuesday night to continue Agenda Item 6 -13 to March 16, when it can be heard in conjunction with, and following, the Mif non profit proposal. Sincerely, Steve Taddei (510)506 -3028 fite:1 /C:1Docuineiits aiid SettMgslcc_user\Loca Settings\Tei np \XPgrpwise\4B8CF0.A.FAtain... 3/2/2010 Page I of l Lara Weisi Fwd: continue a item 6-B From: Beverly Johnson To: CITY CLERK Date: 3/2/2010 11:03 AM Subject: Fwd: continue agenda item 0 -B Vali Ebert <wafflessit@gmail.com> 3/1/2010 9 :55 PM Bear .Mayor Johnson and members of the City Council: I was disappointed to learn that the proposal to operate the Mif Albright course through a non profit corporation had been removed from the agenda for Council's March 2 meeting, although the recoinniendation for authority to negotiate with a long -tern lessee for the Golf Complex remains on the calendar (Agenda Item 6-B). It is important that the Mif proposal be heard first, before any decision regarding the future of the Golf Complex is determined, so that negotiations with a potential vendor may include policy direction from the City Council regarding the appropriate configuration of the facility. Accordingly, we, the golfing coniniti ity including members of the Golf Conunzssion, the Alameda women's Golf Club, the Alameda [Men's] Golf Club, the Alameda Seniors Golf Club, the Alameda Junior Golf Club, the Commuter's Committee, and many others respectfully request that you vote on Tuesday night to continue Agenda Item 6 -B to March 16, when it can be heard in conjunction with, and following, the Mif non-profit proposal. Personal Plea: My son and I have enjoyed learning golf TOGETHER on the Mif. while he will undoubtedly soon surpass any golf shills and be able to play on larger courses, he is still lacking a bit of confidence to do so. The Mif is there for him. I will likely never play on any longer course. It would be nice to know that the Mif would still be there for us to enjoy together. If something like the Mif had existed for nee when I was growing up, I'd likely be a much better player and a consumer of the longer courses and supporting the courses with those greens fees. Sincerely, Vali Ebert Kenyon Ebert (age 12 and Alameda Jr Golf Club Member) file: /IC:1Documents and Settings \cc user \Focal Settings\ Tel` np \XPgrpwise \4 -B8 CFO 99A.Ian1... 3/2/2010 Page 1 of l and the 30 y r contract on r d as planned for Mar From: Beverly Johnson To: CITY CLERK Sate: 3/2/2010 11 :03 AM Subject: Fwd: Keep MIF and the 30 yr contract on the same agenda night as planned for Mar 2 ferry ghiselli <Jerryghiselli @yahoo.com> 311/2010 6 :40 PM Dear Mayor Johnson and members of the City Council: The golfing community was disappointed to learn that the proposal to operate the Mif Albright course through a non profit corporation had been removed from the agenda for Council's March 2 meeting, although the recommendation for authority to negotiate with a long -term lessee for the Golf Complex remains on the calendar (Agenda Item 6 -B). We feel it is important that the Mif proposal be heard first, before any decision regarding the future of the Golf Complex is determined, so that negotiations with a potential vendor may include policy direction from the City Council regarding the appropriate configuration of the facility. Accordingly, we, the golfing community including members of the Golf Commission, the Alameda Women's Golf Club, the Alameda [Men's] Golf Club, the Alameda Seniors Golf Club, the Alameda Junior Golf Club, the Commuter's Committee, and many others respectfully request that you vote on Tuesday night to continue Agenda Item 6 -B to March 16, when it can be heard in conjunction with, and following, the Mif non profit proposal. Sincerely, Jerry Ghiselli file: /C :IDocuaments wid Settings \cc_user \Local Settingsl Temp\XPgrpwise \4B$ CFO 8FAlain... 3/2/2010 Page 1 of 2 ara Weisi Fwd: Fw: Mif Albri Par-3 Golf Course From: Beverly Johnson To: CITY CLERIC Dates 3/2/2010 11:03 AM Subject: Ford: Fw: Mif Albright Par -3 Golf Course Jane Sullwold <jane_su[lwold@yahoo.corn> 3/1/2010 6:27 PM Dear Mayor Johnson, vice Mayor deHaan, and Councilrnembers Gilmore, Matarrese and Tara: Dorothy Moody, a fellow member of the Alameda Women's Golf Club, sent me a blind carbon of the email that she attempted to send to you. Unfortunately, she was advised that delivery had failed. She had attached a number of documents, and I think the problem was caused by those attachments, as I was unable to open them myself. Anyway, she asked me to send along her message. I am doing so, although I have deleted the attachments to see if it will go through that gray. I am sending Dot a carbon so that she can try the attachments another gray if she wants. Jane Su I lwold on Mori. 3/ 1/ 10, Dorothy Moody <dorothy1eemoodyCa7msnxom> wrote: From: Dorothy Moody <dorothyleemoody@msn.com> Subject: Mif Albright Par -3 Golf Course To: "Doug dehaan" <dc2doug @aol.com "Frank Matarrese" <fmatarrese@ci.alameda.ca.us "Lena Tarr" <ltam@ci.alameda.ca.us "Beverly Johnson' <bjohnson@ci.alarneda.ca.us "Marie Gilmore' mgilrnore@ci.alameda.ca. us> Date: Monday, March 1, 2010, 12:58 PM March 1, 2010 Dear Madam Mayor and Members of The Alameda City Council, As a concerned resident of Alameda and a golfer I spoke on behalf of keeping the Mif Par-3 Golf Course open when the Council last addressed this topic. Afterward I spoke with our Interim City Manager regarding what appeared to be different standards used to evaluate that recreational golf facility compared to other recreational facilities in Alameda. I was assured that "...all other recreational sports programs paid for themselves and that therefore golf was not being evaluated differently." My own background in Health, Physical Education and Recreation (I hold a Ph.D. from Penn file: /C:\Documents aid Settings \cc user \Local Settings\ Tel fnp \XPgrpwise \4B8 CFO 6EAlarn... 3/2/2010 Page 2 of 2 State in these fields) made the statement questionable both in general terms and specifically in terms of the Mif Albright Golf Course. I decided to research the matter and did so using documentation from the City itself. I sent the results of this research (one page summary with 5 pages of notes that specifically documented the elements of that summary) to the Interim city Manager along with a cover letter but have at this point received no acknowledgement from her. I have enclosed a copy of that cover letter, along with the original 6 page review which I believe should be in your hands before your consideration of actions regarding the Mif Par -3 Golf course. I any presently out of the State and will be unable to attend the 3 -2-10 meeting but would certainly be glad to speak with any of you upon nay return. I am now aware of the existence of a Non- Profit Group of Alameda Golfers who have proposed that they be allowed to take over responsibility for the operation of the Mif Albright Par -3 Golf course. As I understand it, this group would seem to be an alternative [and probably a better one] than having the Mif under the control of the Recreation Department which seems obstinate in it's determination to close this unique facility! In our system of government, the City Staff may (and should) make their recommendations but it is you who as residents of Alameda and our elected represenatives who have both the right and the responsibility for ultimately making the decisions which will effect us all. Please take time to consider the voices of so many of your fellow residents (all volunteers no golfer is paid for their services) and preserve this unique facility. Sincerely yours, Dorothy L Moody Enclosed: Six page research document and cover letter to Interim City Manager [not attached due to technical problems] file: /C:\Docurnents and Settings \cc_user\Loca Settings \Temp\XPgrpwise14B8 CFO 6EA1am... 3/2/2010 Page l of l Fwd: Re to continue g olf proposal to March 16 Weisi From: Beverly Johnson To: CITY CLERK Date: 3/2/2010 11:02 AM Subject: Fwd: Request to continue golf proposal to March 16 "Tony Corica" <TCorica @alamedahospital.org> 3/1/2010 4:36 PM The "Save the Mif" task force has worked quickly to get a proposal prepared and funds committed so that you may see a complete picture of how the 45 holes of golf can continue to serve all ages in our community while providing a valuable asset to the City. In order to see the complete vision and be able to consider all options, I respectfully request that the selection of a golf vendor be continued to the March 16 council meeting and heard following the Mif non profit proposal. Thank you for your consideration. W___.._ This electronic message contains information that may be legally confidential and/or privileged. The information is intended solely for the individual or entity named above and access by anyone else is unauthorized. If you are not the intended recipient, any disclosure, copying, distribution, or use of the contents of this information is prohibited and may be unlawful. If you have received this electronic transmission in error, please reply immediately to the sender that you have received the message in error, and delete it. Alameda Hospital 2010 file:XMocuments and Sett1ngs \cc_user\Loca1 Settingsl Te1zip \XPgrpwise \4B8 CFO 63Alain... 3/2/2010 Page 1 of 1 ara Weisig Fwd: Mif Albri Course From: Beverly Johnson To: CITY CLERK Cate; 3/2/2010 11:02 AM Subject: Fwd: Mif Albright Course Betty Hatch bettyhatch @att. net> 3/1/2010 4:44 PM Dear Mayor Johnson and members of the City Council: As a golfer, and member of the Alameda Women's Golf Club, I was disappointed to learn that the proposal to operate the Mif Albright course through a non profit corporation had been removed from the agenda for the March 2 Council meeting, although the recommendation for authority to negotiate with a long -term lessee for the Golf Complex remains on the agenda (Item 6 -B). I feel it is important that the Mif proposal be heard first, before any decision regarding the future of the Golf Complex is determined, so that negotiations with a potential vendor may include policy direction from the City Council regarding the appropriate configuration of the facility. Accordingly, I, as a golfer and a user of the Mif course, respectfully request that you vote on Tuesday night to continue Agenda Item 6 -B to March 16, when it can be heard in conjunction Frith, and following, the Mif non profit proposal. Sincerely, Betty Purvis Hatch file: /C:�Docunlents ai Sett1ngsl cc_user\Loca Setfings\ Tel npAPgrpw1se \4B8 CFO 57A am... 3/2/2010 m -YV.- (3121201 o} �.ara Weisiger Fwd: M i F Alb age nda item P age I I From: Beverly Johnson To: CITY CLERK Date: 3/1/2010 3:44 PM Subject: Fwd: MIF Albright agenda item Jeannie prince m rince1 ahoo.com> 3/1J2010 2:49 PM Dear Mayor Johnson and members of the City Council The golfing community was disappointed to learn that the proposal to operate the Mif Albright course through a non profit corporation had been removed from the agenda for Council's March 2 meeting, although the recommendation for authority to negotiate with a long -term lessee for the Golf Complex remains on the calendar (Agenda Item 6 -13). We feel it is important that the Mif proposal be heard first, before any decision regarding the future of the Golf Complex is determined, so that negotiations with a potential vendor may include policy direction from the City Council regarding the appropriate configuration of the facility. Accordingly, we, the golfing community including members of the Golf Commission, the Alameda Women's Golf Club, the Alameda [Men's] Golf Club, the Alameda Seniors Golf Club, the Alameda Junior Golf Club, the Commuter's Committee, and many others respectfully request that you vote on Tuesday night to continue Agenda Item 6 -B to March 16, when it can be heard in conjunction with, and following, the Mif non profit proposal. Sincerely, Jeannie Prince Page 1 of 1 Lara Weisi Fwd: Mif Albri Par-3 Golf Course From: Beverly Johnson To: CITY CLERK Date: 3/1/2010 3:44 PM Su bject: Fwd: Mif Albright Par -3 Golf Course Attachments: Mif final front.wps; Mif note 1.wps; Mif note 2.wps; Mif note 3.wps; rnif letter to Gallant.wps tv�tt, vhs. mb�di a�Fc���� a {�Izt rte.. -F-s C,o ,std no-b be VpetitzC Dorothy Moody <dorothyleemoody @msn.com> 3/1/2010 12:58 PM $B! (B $B! (B March 1, 2010 Dear Madam Mayor and Members of The Alameda City Council, As a concerned resident of Alameda and a golfer I spoke on behalf of keeping the Mif Par -3 Golf Course open when the Council last addressed this topic. Afterward I spoke with our Interim City Manager regarding what appeared to be different standards used to evaluate that recreational golf facility compared to other recreational facilities in Alameda. I was assured that $B! H D (Ball other recreational sports programs paid for themselves and that therefore golf was not being evaluated differently. ❑$B!I❑(B My own background in Health, Physical Education and Recreation (I hold a Ph.D. from Penn State in these fields) made the statement questionable both in general terms and specifically in terms of the Mif Albright Golf Course. I decided to research the matter and did so using documentation from the City itself. I sent the results of this research (one page summary with 5 pages of notes that specifically documented the elements of that summary) to the Interim City Manager along with a cover letter but have at this point received no acknowledgement from her. I have enclosed a copy of that cover letter, along with the original 6 page review which I believe should be in your hands before your consideration of actions regarding the Mif Par -3 Golf Course. I am presently out of the State and will be unable to attend the 3 -2 -10 meeting but would certainly be glad to speak with any of you upon nay return. I am now aware of the existence of a Non Profit Group of Alameda Golfers who have proposed that they be allowed to take over responsibility for the operation of the Mif Albright Par -3 Golf Course. As I understand it, this group would seem to be an alternative (and probably a better one) than having the Mif under the control of the Recreation Department which seems obstinate in it❑$B!G❑(Bs determination to close this unique facility! In our system of government, the City Staff may (and should) make their recommendations but it is you who as residents of Alameda and our elected represenatives who have both the right and the responsibility for ultimately ma king the decisions which will effect us all. Please take time to consider the voices of so many of your fellow residents (all volunteers ❑$B!D❑(Bno golfer is paid for their services) and preserve this unique facility. Sincerely yours, Dorothy L Moody Enclosed: Sic page research document and cover letter to Interim City Manager ❑$B! El (B file /C:IDocuments and Settingslcc userlEoca1 Settings \Tei \XPgrpwise14B8BEOC2A.. anZ... 3/2/2010 Page 1 of 1 Lara Weisi Fwd: Mif Albri Par-3 G C From: Beverly Johnson To: CITY CLERK Date: 3/1/2010 3:44 PM Subject: Fwd: Mif Albright Par -3 Golf Course Attachments: Mif final front.wps; Mif note 1.wps, Mif note 2.wps; Mif note 3.wps; rnif letter to Gallant.wps Dorothy Moody <dorothyleemoody @msn.com> 3/1J2010 12 :58 PM ❑$B!! ❑(B $B! (B March 1, 2010 Dear Madam Mayor and Members of The Alameda City Council, As a concerned resident of Alameda and a golfer I spoke on behalf of keeping the Mif Par -3 Golf Course open when the Council last addressed this topic. Afterward I spoke with our Interim City Manager regarding what appeared to be different standards used to evaluate that recreational golf facility compared to other recreational facilities in Alameda. I was assured that $B! H D (Ball other recreational sports programs paid for themselves and that therefore golf was not being evaluated differently. $B!I❑(B My own background in Health, Physical Education and Recreation (I hold a Ph.D. from Penn State in these fields) made the statement questionable both in general terms and specifically in terms of the Mif Albright Golf Course. I decided to research the matter and did so using documentation from the City itself. I sent the results of this research (one page summary with 5 pages of notes that specifically documented the elements of that summary) to the Interim City Manager along with a cover letter but have at this point received no acknowledgement from her. I have enclosed a copy of that cover letter, along with the original 5 page review which I believe should be in your hands before your consideration of actions regarding the Mif Par -3 Golf Course. I am presently out of the State and will be unable to attend the 3 -2 -10 meeting but would certainly be glad to speak with any of you upon my return. I am now aware of the existence of a Non Profit Group of Alameda Golfers who have proposed that they be allowed to take over responsibility for the operation of the Mif Albright Par -3 Golf Course. As I understand it, this group would seem to be an alternative (and probably a better one) than having the Mif under the control of the Recreation Department which seems obstinate in it❑$B!G❑(Bs determination to close this unique facility! In our system of government, the City Staff may (and should) make their recommendations but it is you who as residents of Alameda and our elected represenatives who have both the right and the responsibility for ultimately making the decisions which will effect us all. Please take time to consider the voices of so many of your fellow residents (all volunteers ❑$B!D❑(Bno golfer is paid for their services) and preserve this unique facility. Sincerely yours, Dorothy L Moody Enclosed: Six page research document and cover letter to Interim City Manager ❑$B!!❑(B 6"0 LA 10� VV0� file -//C:Docui ents and Settingslcc_userTocal Settings\Ternp \XPgl pwise14B 8BEOC2AIarn... 3/2/20 Page 1 of 1 Lara Weisiger Fwd: From: Beverly Johnson To: CITY CLERK Dater 3/1/2010 3:43 Ply Subject: Fwd .8 Kathy Reynolds kvreynolds@att. net> 3/1/2010 12:43 PM Dear Mayor Johnson and members of the City Council: The golfing community was disappointed to learn that the proposal to operate the Mif Albright course through a non profit corporation had been removed from the agenda for Council's March 2 meeting, although the recommendation for authority to negotiate with a long -term lessee for the Golf Complex remains on the calendar (Agenda (tern 6 -13}. We feel it is important that the Mif proposal be heard first, before any decision regarding the future of the Golf Complex is determined, so that negotiations with a potential vendor may include policy direction from the City Council regarding the appropriate configuration of the facility. Accordingly, ire, the golfing community including members of the Golf Commission, the Alameda women's Golf Club, the Alameda [Men's] Golf Club, the Alameda Seniors Golf Club, the Alameda Junior Golf Club, the Commuter's Committee, and many others respectfully request that you vote on Tuesday night to continue Agenda Item 6 -13 to March 16, when it can be heard in conjunction with, and following, the Mif non profit proposal. Sincerely, Kathryne Reynolds file: //C: IDocurnernts and Settings \cc_user\Local Settins g' en lxPgrpwise \4BSBEOB2Atain... 3/2/2010 Page 1 of 1 Lara Weisi Fwd: Please continue March 2 A From: Beverly Johnson To: CT's CLERK Date: 3/1/2010 12:45 PM Subject: Fwd: Please continue March 2 Agenda Item b -B lane Sullwold <jane_sullwold @yahoo.com> 2/28/2010 12:57 PM Dear Mayor Jolmson and members of the City Council: The golfing community was disappointed to leans that the proposal to operate the Mif Albright course through a non profit corporation had been removed from the agenda for Council's March 2 meeting, although the recommendation for authority to negotiate with a long -term lessee for the Golf Complex remains on the calendar (Agenda Item 6 -B). We feel it is important that the Mif proposal be heard first, before any decision regarding the future of the Golf Complex is determined, so that negotiations with a potential vendor may include policy direction from the City Council regarding the appropriate configuration of the facility. Accordingly, we, the golfing community including members of the Golf Conu- ission, the Alameda Women's Golf Club, the Alameda [Men's] Golf Club, the Alameda Seniors Golf Club, the Alameda Junior Golf Club, the Commuter's Committee, and many others respectfully request that you vote on Tuesday night to continue Agenda Item. 6 -B to March 16, when it can be heard in conjunction with, and following, the Mif non profit proposal. Sincerely, Jane Sullwold file: /C:'Documents and Settings \cc user \Local Settings \Temp\XPglpwisel4B8BB6B2Alam... 3/2/2010 Page 1 of l C on ti nue Ag en d a It em i From: Beverly Johnson TO: CITY CLERK Date: 3/1/2010 12:44 PM Subject: Fwd: Please Continue Agenda Item 6 -B <dave@davenmargo.com> 2/28/2010 12:52 PM Dear Mayor Johnson and members of the City Council: The golfing community was disappointed to learn that the proposal to operate the Mif Albright course through a non profit corporation had been removed from the agenda for Council's March 2 meeting, although the recommendation for authority to negotiate with a long terra lessee for the Golf Complex remains on the calendar (Agenda Item 6 -13). We feel it is important that the Mif proposal be heard first, before any decision regarding the future of the Golf Complex is determined so that negotiations with a potential vendor may include policy direction from the City Council regarding the appropriate configuration of the facility. Accordingly, we, the golfing community including members of the Golf Commission, the Alameda women's Golf Club, the Alameda [Men's] Golf Club, the Alameda Seniors Golf Club, the Alameda Junior Golf Club, the Commuter's Committee, and many others respectfully request that you vote on Tuesday night to continue Agenda Item 6_13 to March 16, when it can be heard in conjunction with, and following, the Mif non profit proposal Sincerely, Dave Needle E -mail message checked by Spyware Doctor (6.1.0.447) Database version: 6.14450 ttp www.. pctuo s.C.o_m slp�'!�!'..................... dor -a t vi r ush file :/f C :`Oocurnents an S ettingslcc user \Focal Settings \�Ternp\XPgrpwise \4B 8BB696A arn... 3/2/20 Page 1 of 1 Lara Weisi Fwd: Continue A Item 6-B,, March 2,, 2010 From: Beverly Johnson To: CITY CLERK Sate: 3/1/2010 12:43 PM Subject: Fwd: Continue Agenda Item 6 -B, March 2, 2010 "Daniel Dimitruk" <dirnitruk6 @gmail.com> 2/28/2010 2:04 PM Dear Mayor Johnson and members of the city council: The golfing community was disappointed to learn that the proposal to operate the Mif Albright course through a non profit corporation had been removed from the agenda for Council's March 2 meeting, although the recommendation for authority to negotiate with a long -term lessee for the Golf complex remains on the calendar (Agenda Item 6 -13). We feel it is important that the Mif proposal be heard first, before any decision regarding the future of the Golf Complex is determined, so that negotiations with a potential vendor may include policy direction from the city Council regarding the appropriate configuration of the facility. Accordingly, ire, the golfing community including members of the Golf commission, the Alameda Women's Golf Club, the Alameda [Men's] Golf club, the Alameda Seniors Golf club, the Alameda Junior Golf club, the Commuter's Committee, and many others respectfully request that you vote on Tuesday night to continue Agenda Item 6 -13 to March 16, when it can be heard in conjunction with, and following, the Mif non profit proposal. Best regards, Dan Daniel ®imitruk 510- 214 -3069 Office 510- 227 -9906 Mobile "A government big enough to give you everything you want, is strong enough to take everything you have." Thomas Jefferson file:HC:`Documcnts and Settings \cc_user \Local Settings\ Tel np \XPgrpwise14B8BB686AIam... "/2/2010 Paye l of 1 Lara Weisiger Fwd: Agenda for larch 2 From: Beverly 3ohnson To: CITY CLERK Date: 3/1/2010 12 :43 PM Subject: Fwd: Agenda for March 2 <go fingdc@ao[.com> 2/28/2010 2 :22 PM Dear Mayor Johnson and members of the City Council: The golfing community was disappointed to learn that the proposal to operate the Mif Albright course through anon- profit corporation had been removed from the agenda for Council's March 2 meeting, although the recommendation for authority to negotiate with along -term lessee for the Golf Complex remains on the calendar (Agenda Item 6-13). We feel it is important that the Mif proposal be heard first, before any decision regarding the future of the Golf Complex is determined, so that negotiations with a potential vendor may include policy direction from the City Council regarding the appropriate configuration of the facility. Accordingly, we, the golfing community including members of the Golf Commission, the Alameda Women's Golf Club, the Alameda [Men's] Golf Club, the Alameda Seniors Golf Club, the Alameda Junior Golf Club, the Commuter's Committee, and many others respectfully request that you vote on Tuesday night to continue Agenda Item 6-13 to March 16, when it can be heard in conjunction with, and following, the Mif non profit proposal. Sincerely, Cheryl Saxton, DC file: /IC:\Documents and Settingslcc_user\Local Settings \Tei a i1... 3/2/2010 Page 1 of 1 op From: Beverly Johnson To: CITY CLERK Date: 3/112010 12:43 PM Subject: Fwd: MIF Albright Course Proposal Mark Santare <rnark.santare@yahoo.com> 2/28/2010 4 :09 PM Dear Mayor Johnson and members of the city Council: The golfing community is disappointed to learn that the proposal to operate the M if Albright course through a non- profit corporation had been removed from the agenda for council's March 2 meeting, and yet the recommendation for authority to negotiate with a long -term lessee for the Golf Complex remains on the calendar (Agenda Item 6 -13). It is only logical that the Mif proposal be heard first, before any decision regarding the future of the Golf Complex is determined, so that negotiations with a potential vendor may include policy direction from the City Council regarding the appropriate configuration of the facility Accordingly, we, the golfing community including members of the Golf Commission, the Alameda Women's Golf club, the Alameda [Men's] Golf Club, the Alameda Seniors Golf Club, the Alameda Junior Golf club, the Commuter's Committee, and many others respectfully request that you vote on Tuesday night to continue Agenda Item 6 -13 to March 16, when it can be heard in conjunction Frith, and following, the M if non profit proposal. Sincerely, Mark Santare Alameda Resident file:11C:'LDocuments and Settings \cc_userlLlocal Settings lTenzp \XPgrpwisel4B8BB66EA a m... 3/2/2010 Page 1 of I ,r w: F re ques ti ng s: C o n ti nuance o f Ag enda Item 6-B at the M ee tin g From: B ever ly Jo To: CITY CLERK (Date: 3/1/2010 12 :43 PM Subject: Fwd: Letter requesting a Continuance of Agenda Item 6 -B at the March 2nd Meeting "Sherry Sherman, PhD" <sbsherman@sbcgloba1.net> 2/28/2010 5:29 PM Deal Mayor J ohns on and City C ouncil Mem I ain very concerne that the proposal for a no profit corporation to assume operation of the Mif Alb right Co urse has been removed froth the Council's .agenda for the March 2, 2010 meeting. This is of particular concern since the recoinnien for authority to negotiate with a long term les see for the Golf C oinplex is s till on the calendar (Agenda Item 6 -B) Having the M proposal heard first enables negotiations with a potential vendor to include policy direction from the City Council regarding the appropriate configuration of the facility. This information is integral to the decisions regarding the future of the Golf Complex. In order to cotnpletely consider the full scope of the issues involved, I atn requesting that on March 2nd, you vote to continue Agenda I tern 6-13 to March 1 2010 tivhen it can be heard in conjunction tivith, and follown`ig, the Mif non profit proposal.. Sincerely, S i arori B. Sherman, PhD ,icc 1sed. 1) chologis I O MM�� zi r�� e Consultant 7 8 B a tel -7,z 13 tl1C\.T ard, Suite D 1_� t� e a, J_1_ 1 101 814-942( This electronic document inay contain confidential i��forrnation and is intended for use by the addressee and /or their intended representatives only. Review by unintended 111dividuals is prohibited. If you are not the intended recipient, please do not read, transmit, copy, disclose, or utilize this communications in any manner. If you received this message in error, please no tify the sender immediately and permanently delete t1iis message from your computer. Email is not guaranteed to be a secured mediLu for exchange of information; therefore, confidentiality cannot be assured. ft1c: /C:\Documents and Scttingslcc_user\Local Settizzgs\T eiiip \XPgrpwisel4B8BB65FAlai�n... 3/2/2010 Page 1 of 1 Lara Weisi Fwd: Re Hearin for MIF Albri non-profit corp, From: Beverly Johnson To: CITY CLERK Date: 3/1/ 2010 12 :42 PM Subject: Fwd: Request Hearing for MtF Albright non profit corp. Jon Pecson <jonpecson @gmail.com> 2/28/2010 6 :33 PM Dear Mayor Johnson and members of the City Council: I would life to request that MF Albright non profit carp. be considered as a high priority for the Alameda Community and for all voting alameda residents. The golfing community was disappointed to learn that the proposal to operate the Mif Albright course through a non profit corporation had been removed from the agenda for Council's March 2 meeting, although the recommendation for authority to negotiate with a long -term lessee for the Golf Complex remains on the calendar (Agenda Item 6 -B). We feel it is important that the Mif proposal be heard first, before any decision regarding the future of the Golf Complex is determined, so that negotiations with a potential vendor may include policy direction from the City Council regarding the appropriate configuration of the facility. Accordingly, we, the golfing community including members of the Golf Commission, the Alameda women's Golf Club, the Alameda [Men's] Golf Club, the Alameda Seniors Golf Club, the Alameda Junior Golf Club, the Commuter's Committee, and many others respectfully request that you vote on Tuesday night to continue Agenda Item 6 -13 to March 16, when it can be heard in conjunction with, and following, the Mif non profit proposal. Sincerely, Jon Pecson file: /C:IDocuments and Settings \cc_user\Loca Settings\ Tcmp\XPgz pWise14B8BB54FAlaiu... 3/2/2010 Page 1 of 1 Lara Welisi Fwd: Recommend a Continuance for A Item 6-113 From: Beverly Johnson To: CITY CLERK Date: 3/1/2010 12 :42 PM Subject. Fwd: Recommend a Continuance for Agenda Item 6 -B <JCurliano@ao .com> 2/28/2010 7 :39 PM Dear Mayor Johnson and members of the City Council The golfing community was disappointed to learn that the proposal to operate the Mif Albright course through a non profit corporation had been removed from the agenda for Council's March 2 meeting, although the recommendation for authority to negotiate with a long terra lessee for the Golf complex remains on the calendar (Agenda Item 6 -13). We feel it is important that the Mif proposal be heard first, before any decision regarding the future of the Golf Complex is determined, so that negotiations with a potential vendor may include policy direction from the city council regarding the appropriate configuration of the facility. Accordingly, we, the golfing community including members of the Golf Commission, the Alameda women's Golf club, the Alameda [Men's] Golf club, the Alameda Seniors Golf Club, the Alameda Junior Golf Club, the commuter's committee, and many others respectfully request that you vote on Tuesday night to continue Agenda Item 6 -13 to March 16, whe it can be heard in conju_n,Qfio with and followin the Mif non profit proposal. Sincerely, John Curliano 1560 -C Lincoln Avenue Alameda, CA 94501 610.865.7499 file: //C :\Documents and Settingslcc_uscr\Local Settings\ Temp \XPgi pw se14BSBBG42A.tain... 3/2/2010 Page I of I Weisiger Albright Email from Arnerich From: Beverly Johnson To: CITY CLERK Date: 3/1/2010 12:42 PM Subject: Fwd: Mif Albright Course Email from Norma Arnerich <ColleenArnerich@aol.com> 2/28/2010 8:30 PM Council members this email is being sent by Colleen Arnerich on behalf of Norma Arnerich... (Please note that I am in complete agreement with the contents of this email from Norma Arnerich!) Dear Mayor Johnson and members of the City Council: The golfing community was disappointed to learn that the proposal to operate the Mif Albright course through a non profit corporation had been removed from the agenda for Council's March 2 meeting, although the recommendation for authority to negotiate with a long -term lessee for the Golf Complex remains on the calendar (Agenda Item 6 -13). We feel it is important that the Mif proposal be heard first, before any decision regarding the future of the Golf Complex is determined, so that negotiations with a potential vendor may include policy direction from the City Council regarding the appropriate configuration of the facility. Accordingly, we, the golfing community including members of the Golf Commission, the Alameda women's Golf Club, the Alameda [Men's] Golf Club, the Alameda Seniors Golf Club, the Alameda Junior Golf Club, the Commuter's Committee, and many others respectfully request that you vote on Tuesday night to continue Agenda Item 6 -13 to March 16, when it can be heard in conjunction with, and following, the Mif non profit proposal. Sincerely, Norma Arnerich 510-522-3633 file .HC:\Documents and Settings \cc_userTocal Settings\ Temp \XPgi pwisel4B8BB634AIan... 3/2/2010 Page 1 of 1 Lara Weisiger Fwd: Defer on Kemper From: Beverly Johnson To: CITY CLERK Date: 3/1/2010 12:42 PM Subject: Fwd: Defer on Kemper "Joe" <joe_vanwinkle @hotrnail.com> 2/28/2010 10:17 PM Dear Mayor Johnson and members of the City council: I was disappointed to learn that the proposal to operate the Mif Albright course through a non profit corporation had been removed from the agenda for Council's March 2 meeting, although the recommendation for authority to negotiate with a long -term lessee for the Golf complex remains on the calendar (Agenda Item 6- B). I had adjusted my travel plans for work and made accommodations to ensure I could present on behalf of the non profit Alameda Junior Golf. I feel it is important that the Mif proposal be heard first, before any decision regarding the future of the Golf Complex is determined, so that negotiations with a potential vendor may include policy direction from the city council regarding the appropriate configuration of the facility. I think this is particularly important given the Kemper proposal, now available to the public from the city clerk, makes it clear Kemper recommends closure of the Mif. I respectfully request that you vote on Tuesday night to continue Agenda Item 6 -13 to March 16, when it can be heard in conjunction with, and following, the Mif non profit proposal. Thank You, Joe van Winkle fite:HC:`Docurnents and Sett1ngs \cc_userlLoca1 Settings\ Ten ip\XPgzpwisel4BSBB625AIam... 3/2/2010 Mif Albright non-profit Page 1 of 1 Lary Wenger Fwd: cif Albright nor- profit From: Beverly Johnson To: CITY CLERK Date: 3/1/2010 12:41 PM Subject: Fwd: Mif Albright non profit Dave Penney <dave @dpcce.com> 3/1/2010 9:23 AM Dear [Mayor Johnson and members of the City Council: The golfing community was disappointed to learn that the proposal to operate the Mif Albright course through a non profit corporation had been removed from the agenda for Council's March 2 meeting, although the recommendation for authority to negotiate with a long -term lessee for the Golf Complex remains on the calendar (Agenda Item 6-13). We feel it is important that the Mif proposal be heard first, before any decision regarding the future of the Golf Complex is determined, so that negotiations with a potential vendor may include policy direction from the City Council regarding the appropriate configuration of the facility. Accordingly, we, the golfing community including members of the Golf Commission, the Alameda women's Golf Club, the Alameda [Men's] Golf Club, the Alameda Seniors Golf Club, the Alameda Junior Golf Club, the Commuter's Committee, and many others respectfully request that you vote on Tuesday night to continue Agenda Item b -B to March 16, when it can be heard in conjunction with, and following, the Mif non profit proposal. Sincerely, David S. Penney file:/ /C: \Documents and Settzngslcc_user\Local Settings\ Temp \XPglpwiscl4BSBB61OAlain... 3/2/2010 Page 1 of 1 La ra Weisiger Fwd: Golf Course Decisions From: Beverly Johnson To: CITY CLERK Late: 3/1/2010 12:41 pM Subject: Fwd: Golf Course Decisions LStewart39 @aol.com 3/1/2010 10.05 AM I have lived in Alameda for may years, vote in every local election, and am a strong supporter of the Chuck Corica Golf Complex over 70 rounds played last year). I was diappointed to learn that the proposal to operate the Mif Albright course through a non profit has been removed from the agenda for the council's March 2 meeting, but negotiation with a long terra lessee for the golf complex remains on the calendar (Agenda Item 6- B). I feel strongly that the non profit proposal should be heard first, before any decision regarding the future of the golf complex is made. I respectfully ask that you vote on March 2 to continue Agenda Item 6 -13 to March 16, when it can be heard in conjunction with, and following, the non- profit proposal for the Mif. Please understand that the Alameda Junior Golf Club's proposal for the par three has extremely strong grass roots support and your decision in this matter is critically important to the hundreds of citizens who want to see it be successful. Larry S. Stewart 137 Basinside Way Alameda 94502 file: /C:1Docunlents aid Settingslcc userTocal Settings! Teinp lX.Pgl pwise \4B8BB5F4A. am... 3/2/2010 Page 1 of 1 Fwd: Mif Albri A for Council's March 2nd Meetin From: Beverly Johnson To: CITE' CLERK Cate: 3/1/2010 12:41 PM Subject: Fwd: Mif Albright Agenda for Council's March 2nd Meeting Bern ice Herzberg bern icegolfer1 @yahoo.com 3/1/2010 10 :47 AM Dear Mayor Johnson and members of the City Council: The golfing community was disappointed to learn that the proposal to operate the Mif Albright course through a non profit corporation had been removed from the agenda for Council's March 2 meeting, although the recommendation for authority to negotiate with a long -term lessee for the Golf Complex remains on the calendar (Agenda Item 6 -13). We feel it is important that the Mif proposal be heard first, before any decision regarding the future of the Golf Complex is determined, so that negotiations with a potential vendor may include policy direction from the City Council regarding the appropriate configuration of the facility. Accordingly, we, the golfing community including members of the Golf Commission, the Alameda women's Golf Club, the Alameda [Men's] Golf Club, the Alameda Seniors Golf Club, the Alameda Junior Golf Club, the Commuter's Committee, and many others respectfully request that you vote on _Tuesday nirght to continue Agenda Item 6 -B to March 16, when it can be heard in conjunction with, and following, the Mif non- profit proposal. Sincerely, Bernice Herzberg file: 11C:\Documents and Settings \cc user \Locat Settings \Ten.p \XPgrpwise \4B8BB5EAAta... 3/2/2010 CITY OF ALAMEDA Memorandum To: Honorable Mayor and Members of the City Council From: Ann Marie Gallant Interim City Manager Date: March 16, 2610 Re: Adopt a Motion Authorizing the Interim Cit y Man ag er to. Enter. into Negotiations. With Kemper Sports Management for the Long Terra Management and Operation of the Chuck Corica Golf Complex BACKGROUND In May 2007, the C ity retained the. services of the National Golf f=oundation NSF to conduct a comprehensive operational review. of the Chuck Corica Golf Complex (Complex The study was conducted du ring asip month period, and the results sere presented to the City Council in. January 2808. Upon examination of this operational review, the City. Cou ncil adopted a motion di staff to work .with lUGl to develop a:. bequest for Proposal seeki a interim o perato r for the Comp lex. The RFP er developed and distributed to more than 66 golf management f irm.s in July 2008.. Seven responses mere recei and initially screened by the l nterim Finance Director, the .Golf C ornnhission Chair, a second Commissioner, the Director of: Recreation end Parks, and the Assistant City M.... tiger for compliance with RFP criteria. The interview panel consisted of the Deput Cit y y Manager, the Golf Director for the City of Walnut Creek, and the golf consultant to the City of San. Leandro. Kemper Sports Management was selected by.a substantial point rr�argin based upon its experience. in providing municipal golf management. services, financial capacity and sustainability, and operational references. On November 6, 2008, the City Council authorized the City Manager to enter into a one year agreement with Kemper Sports to provide interim management of the facility (December 2008 December 2009 The City Council. .also.. directed staff to research potential long terra solutions. during this one year. manage .contract period. Further, during this interim period, the City would transition from .City staff to contract staff at the Complex. City Counci Agenda Item #6-F Honorable Mayor and March 18, 2010 Members of the City Council Page 2 of 6 In July 2009, based on previous City Council. direction, staff prepared a second .RFP seeking a long -term operator to provide rnar�agernent, operational and.. maintenance functions on a long terra lease basis. The RFP. was distributed to 65 firms in October 2009. Impacted by the national economic market collapse and recession, onl y two firms in the industry submitted proposals. DISCUSSION In November. 2009, the City retained. a municipal. golf course consultant to assist in the review, evaluation and selection process .for the RFP. 111r. David Sans. has .`more than 35 years of municipal golf experience as both. a munioipaI empiflyee overseeing olf g operations and a. golf industry consuitant..and. in both Northern and Southern California. Mr. Sans' two most noted projects. are Monarch: Bay. in 5.an Leandro and Brookside Golf Club at the Rose Bowl in Pasadena. Both of these: facilities were operated in a manner similar to that of. Alameda'.s Cluck Qori.ca Golf Mr. Sams.. now assists cities statewide in negotiating long te.r n .management and operational leases for golf courses, in order to procure the most beneficial lease. results for public clients. The following is a chronology .of :key actions to date: Oct. 21, 2009 RFP (Exhibit 1) Rele .ase Date The.. City distributed the RF.P to 65 :golf management firms. Nov. 8, 2009 Required Pre -Bid Meeting A required pre -bid meeting was held; eight firms attended. Nov. 19, 2009 Proposals.Due Two firms submitted proposals to the City: Bellows Golf Managemen Exhibit Kemper sports Management, Exhibit 3 Dec. 8, 2009 Supplemental Questionnaire Issued SU pplemental questions v�ere sent to both firms to. further clarify c ertain responses to the. RFP, focusing on capital commitments, pro forma. and business .plan assumptions.. Dec. 23, 2009 Responses to Supplemental. Questions Due. Both firms responded to :the :supplemental questionnaire. Jan. 15, 2010 Firm Interviews Both firms. sere interviewed by..a panel consisting of the interim City Manager, the Director of Recreation and Parks, a golf Commission subcommittee, and City's Golf. Consultant. Immediately following the interviews, both Bellows Golf Management/Landscape Golf Group (Bellows) and Kemper Sports Management (Kemper) presented confidential Honorable Ma and Members of the Cit Council M arch 16,.2 010 Pa 3 of 6 financial statements and other proprietar financial information to the interim im Cit Mana in order to e each respondent's financial capacit and sustainabilit The followin is a brief back on each .respondent; Bellows Golf Mana Golf Group Bellows) Exhibit 2 Corporate Office Tempe, Arizona Founded in the 1990's. Proposed as a j oin t v with Landscapes Gol f G rou p 0 Operates 26 pr seven of which are .public agen -owne o Operates two.California courses.for. the.:C.it O 'J City c. e.. Extensive experie in golf course re.nov.ation.s throu affiliation Frith -Landscapes Unlimited Abilit to provide renovation or c improvements. on a cost-plus basis due to in- house resources Capable of rapid mobilizati due to. existi s taff in other re of the state Kemper Sports Mana erre Ke rn per) Exhibit 3 Corporate Head Chica Illin Re Office san l=rancisco Founded .in the. 1970 s Operates 85-plus properties, :33 of which: are. public agency .owned Operates te.n:Calif6rnia. mu nicipal. cours es Cit o Fairfield �(two c ou r ses); rses); Cit of San Fr Cit o P Desert; City of Carlsbad;..City of D.i nub.a; Yolo Cit Cit Of.Yorba Linda; Qt of Ventura; and cit of Al ameda Operates six. privatel owned: g olf 'coursesJn:-Califo Hiddenbroo in.Vallejo; Bo.de %Ba %Ha.rb.o Bay; The Brid .in San Ramon; Monarch Dunes in Nipomo Vellano in. Chino.. H ilis; and Valencia Country. Club ir Valencia Operates courses ranked in the Top 1 001n �the United States: Bandon Dunes Golf Resort in Ore ranked ::the:.#3:: Go Resort in America; Hardin Park (public a San Francisco, s ite. of the 2009 :Presidents' Cup; and Chambers Ba (public a in.Tac.0ma Washin site of 20.15 U.S. Open Championship. Extensive experience in. golf .course renovations Proposal Evaluation Critefia.: The followin criteria were. u sed to .evaluate the. two. proposals: Experience in municipal g olf course operations; Experience in m aster p and executin ecutin lar g olf course capital improvement pro Fee proposal; Financial capacit and sustaina bility; Honorable Mayor and March 10, 2010 Members of the City Council Page 4 of 6 i Ability to achieve completion of the option selected as detailed in the response to the RFP3 0 Ability to provide golf course, building and grounds maintenance, tee time services, retails sales, and golf construction, 0 History of customer service, and approach toward measuring and achieving customer satisfaction; 0 History of compliance with obligations and responsibilities assumed at similar operations; 0 Proposed management team and staffing levels; and 0 Ability to offer expanded market potential for the course. Based upon a review of the firms' responses and interviews, both Bellows and Kemper are qualified to renovate, operate and maintain the. Chuck Corica Golf Complex. However, it is recommended that the City Council authorize staff to begin negotiations with Kemper sports Management for the following reasons: Experience in municipal golf course operations: Currently, Kemper has 33 public agency contracts. Kemper also has tern public agencies in California under contract, including two in the Bay Area.. Kemper's experience in understanding and dealing with public agencies and the California golf market will be an asset to the Chuck Corica Golf Complex. Financial capacitv and sustainabilit Kemper is one of the top three golf course management companies in the country, operating golf facilities for more than 30 years. Kemper. currently has a portfolio in excess of 85 properties under management and operations. The Interim City Manager has reviewed Kemper's financials and found them to be. sound, susta.inab.le and capable of securing debt capacity if required for capital improvements to. the facility. Ability to rovide golf course, building and qrounds maintenance tee time services retails sales and olf construction: Kemper has. been considered a leader in providing a quality golf experience to its quests. Kemper's experience in operating and managing various golf segments is .a plus. Kemper's experience .operating high end resorts such as Bandon Dunes, as well. as. value- conscious .municipal courses such as the City of Ventura golf properties demonstrates breadth and depth in .golf management. Kemper has significant experience in. municipal golf construction, including the most .recent project, the C D.inuba.'s..Ridge Creek, which received the 2008 Development of the Year award by Golf Inc. Magazine. Histo of customer service. and approach toward measuring and achievin customer satisfaction Kemper has an excellent track record for customer service. Kemper's training program, called True.Service, was designed to improve and enhance employees' .communication skills .with guests and staff members. In 2000, two of Kemper's golf courses were voted in the top 50 courses in the country for customer satisfaction in Goff Digest Magazine. Honorable Mayor and Members of the City Council March 16, 2010 Page .5 of 6 Histo of corn liance with obligations and responsibilities assumed at similar operations Kemper .has had an outstanding record (9.0% renewal rate} in the past 30 plus years in.. securing renewals of. its. existing contracts. Kemper has approximately 35 short -term agreements that are .rene .ed at a high percentage rate as a result of landlords' satisfaction with .Kemper.s operations. Abilit to offer expanded market Potential for the Chuck Corica Golf Complex. Kemper is a. feeder i n. the golf industry in marketing its. facilities.. Kemper, s: marketing division provides integrated sports marketing and public relations services for both. large and small clients.. Kernper's existing presenco i.n the Bay Area which includes Harding Park in San. Francisco, Paradise Valley .and Rancho. Solano in Fairfield, Hiddenbrooke in Vallejo, and. the Bridges ire San Ramon, can leverage play at the Chuck Corica .Golf Complex. Kemper. is a professionally managed and experienced golf operator. For more than 30 years the firm. has strived to sleet municipal course operational, maintenance and customer service standards in. the .operation .of. its :golf facilities..Kemper's knowledge. in renovating and operating. municipal courses .will be.. an invaluable asset to. the Chuck Corica Golf Complex in both the. immediate and .long terra. FINANCIAL IMPACT The continued downward trend in revenue. and number of rounds, coupled with. the increasing costs to operate the Chuck C Complex, has resulted in. an operational deficit at the. Complex in.the past few years. As a result, actual :cash fund balance in the Golf Enterprise Fund continues to decline (Exhib.it. 4.).. While it is true that conversion to a private operator for. course. management has decelerated this loss, staff anticipates the available cash fund balance at June 30 to be between $800000 and $900,000. At the :current loss rate, thi5 available cash balance would be totally depleted in less than 36 months if. no .changes occur to. the Complex. Should negotiations begin with..a private operator, it is important to note that it may not be possible to maintain the current level (approximately$800,000) of annual transfers to the General Fund. Certain .cost allocation functions .would be. assumed. by the operato and would no .longer be provided by the City. Until. negotiations are. complete, it is not possible to project the extent of reduced General Fund transfers. However, negotiations i.l.l focus on a reasonable City return .on .receipts, balanced with a required capital commitment by the operator. During deliberation of this..item, staff would welcome any specific policy criteria on program priorities that the City Council would Irish to direct by motion, in approving this recommendation to commence negotiations. Honorable Ma and Members of the Cit Council RECOMMENDATION March. 1 2010 .Pa 6 of 6 Adopt a mo a uthoriz.in g the Interim Cit Mana to enter into ne with Kemper Spo Mana for the lon mana and operation of the Chuck Corica Golf Complex. Approved as to funds and account, LAA Evel Leun Interim Supervisin Accountant Exhibits: 1. 2009 Re f Propo .on file in the Cit C.lerk'.s Office 2. Bellows .G.olf Mana Propo file .in Cit Cl s Office 3. Kemper S rts M 70 po.. a Prop n file inth Cit Office 4. 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O? crr E m (D rn u] E c u7 c N `r' v OF Fz -iCL F o o CD N Lu LL z u LEE 4 0 ad C] a� v m U b N c Q �s L >6 a 0 U) 0 o� CITY OF ALAMEDA Memorandum To: Honorable Ma and Members of the pit Council From: Ann Marie Gallant Interim Cit Mana Date: March 16, 2010 Re: Adopt a Resolution Supportin the Cit Respon to Goo Inc.'.s Re for Information Re the.. G Fibe r for. Communities Initiative.. and Authorizin the Cit Mana to Desi a Sin Point .of contact and to E sta bl ish a coo g l e Strea m I i n i n g Tas Force fo r the P ct On Februar 10, 2010, Go.o Inc.. issued. a. Re for. I nformation:.(RF 1) from local g overnm e nt s and communi re their Fiber. for. communities ..1nitiative that :.will deliver ultra hi Internet service throu :.multiple service p at ..a. competitive price to.50,000 to 500,000 people. It is:likel will select multiple communities.. as t est -cases for deplo of the ultra .hi service. Local communities can. respond .to the. RFl throu an.. official Local Government Application and.throu communit applic The deadline for respondin to the. RFI is March 20, 20.10. The proposed ultra hi service will be. 100 times faster tha most :existin service and will spark innovation in. man areas including h video, remote. data stora real -tire.. multimedia collabofation, :.edu cation, social.�. and.. business networkin simulation: and modeling and in other wa not y et :or invented. Ultra hi I nterne t .se r.vi c. make.A a.meda a destination.. of.. choice for: start-. up and exist hi .businesses; increase f Improve education income. levels of the local workforce; and increase demand fbr.�. local:. and services, includin restaurants, retail, -hotels, and housin The:propbs6d.service would .also g ive existin and. new Alam �-bu sines s e s d a over othercompanie s a a va.nt. b affordin g reater. technolo .ca.pabilit g reater: potential for.. innovation, increased emplo productivit and lower operations costs. In -the RFI, Go.o outlined some of their criteria for selection of communities f6r this pro These..criteri.a. include.. the potentia for efficient and. quick implementation si possible benefits to reside and useful: proof-of-con developed. by Cit Council Report Re: A Item #6-G 0346-10 Honorable Mayor and Larch 16, 2010 Members of the City Council Page .2 of .3 users of ultra high -speed Internet service. Alameda. meets these criteria. and would serve as an excellent selection for a test-case. of ultra -high speed Internet. service because of its physical, technical, and community characteristics and its experience with fiber -optic and cable installations. DISCUSSION City staff is collaborating closely with the grassroots .organization, WireAlameda.org, in preparing the response to the Local Government. Application and will submit the City's response to Google by March 26 th As part of the p res onse, staff recommends that the City Council adopt a resolution that accomplishes the following: 1) Expresses strong support for the City's response to ..Google's RF I :and for close collaboration with WireAlarneda.org; 2} Grants authority to.the Interim City Manager to..designate a.:pro ect who will s erve as Google'S single point of contact for. this effort. and. will oversee. a nd facilitate all aspects of project implementation, including execution of a roaster conduit agreement and. master. right -of- ay agreement, community outreach, plan check, permit issuance, and inspections,. n :.order to demonstrate ...a commitment :to stre.arnlining .and expediting Google's deployment. of ultra high- speed l nternet ..in Alameda, if selected as a pilot do m..u.n ity by Google; and 3) Grants authority to .the Interim City Manager to establish an inter departmental Google Streamlining Task Force to.. work closely and collaboratively with. the Oro to. issue permits for the project on behalf of the. City in. order to demonstrate a commitment. to. making Google's implernentation of. ultra nigh- speed Internet a top priority for the City, if. selected. as a pilot community by Google. WireAlarneda is also working diligently to generate com.mun.ty. support for.:-the project, and .facilitating the completion of numerous community applications before the March 26 deadline. If members of the ublc are interested in becoming involved and p g in completing a community application, they should access the 1lvireIameda.org website for further information. FINANCIAL IMPACT There is no fiscal impact for adopting this resolution. RECOMMENDATION Adopt a Resolution supporting the City's response. to Google, Inc.'s Request for Information regarding the Google Fiber for Communities initiative and authorizing the Honorable Ma and Members of the Cit Council March 16, 201 Pa 3 of 3 Cit Mana to desi a sin point of contact and to establish a Goo Streamlinin Task Force for the pro ReopectfUll submitted, J ife r IE. Oft e I ID ptt (�-"'it Mana cc: Howard Ashcraft, WireAlameda.org CITY OF ALAMEDA RESOLUTION NO. 0 a N al SUPPORTING THE CITY'S RESPONSE TO GOOGLE INC'S REQUEST FOR INFORMATION REGARDING THE GOOGLE FIBER FOR COMMUNITIES INITIATIVE AND AUTHORIZING THE INTERIM CITY MANAGER TO DESIGNATE A SINGLE POINT OF CONTACT AND TO ESTABLISH A GOOGLE STREAMLINING TASK FORCE FOR THE PROJECT Whereas, Google, Inc. has made a public Request for Information from local governments and communities regarding their Fiber for Communities initiative that will bring ultra high -speed Internet service through multiple service providers at a competitive pace to 50,000 to 500,400 people; and Whereas, the proposed ultra high -speed service will be 100 times faster than most existing service and will spark innovation in many areas, including high definition video, remote data storage, real -time multimedia collaboration, education, social and business networking, simulation and modeling, and in other ways not yet developed or invented; and Whereas, ultra high -speed Internet service would make Alameda a destination of choice for start -up and existing high -tech businesses; increase jobs; improve educational, and income levels of the local workforce; and increase demand for local goods and services, including restaurants, retail, hotels, and housing; and Whereas, ultra high -speed Internet service would give existing and new Alameda businesses a competitive advantage over other companies. by affording them greater technological capability, greater potential for innovation, increased employee productivity, and lower operations costs; and Whereas, ultra high -speed Internet service would provide new opportunities and capabilities to Alameda's schools and colleges; and Whereas, ultra high -speed Internet service will improve the Internet experience for all Alarnedans who subscribe to the competitively priced service through faster downloads, instant access to information and better networking; and Whereas, Alameda would serve as an excellent selection for a to .st -case of ultra -high speed Internet service because of its physical, technical, and community characteristics and its experience with fiberoptic and cable installations. NOW, THEREFORE BE IT RESOLVED, that the city Council of the City of Alameda strongly supports responding to Google's Request for Information to Resolution #6 -G 63- 16 -16 bring ultra high -speed Internet service to Alameda by working closely with the community, including the grassroots organization, 'I ireAlarneda.org. BE IT FURTHER RESOLVED, that the city Council is.. cor mitted to streamlining and expediting Google's deployment of .ultra high -speed Internet in Alameda, if selected as a pilot community by Google, and, hereby, grants authority to the Interim city Manager to designate a project manager who.will serve as Google's single point of contact for this effort: and will. oversee and facilitate all aspects of project implementation, including execution of .a master conduit agreement and master right -of -way agreement, community outreach, plan check, permit issuance, and inspections. BE IT FURTHER RESOLVED, that the city council is committed to making Google's deployment of ultra highspeed Internet.a top priority for the City, if selected as a pilot community by Google, and, hereby, grants the authority to the Interim City Manager to establish an inter departmental Goog le Streamlining Task Force to work closely and collaboratively wit,h the Project Manager and to issue permits for the project on behalf of the City. 1, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the Council of the city of Alameda in a regular meeting assembled on the '16th day of March, 2010. by the following vote to wit: AYES NOES: ABSENT: ABSTENTIONS: IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the seal of said city this 17th day of March, 2010. Lara Weisiger, city clerk City of Alameda COUNCIL REFERRAL Doug deHaan, vice Mayor Council Meeting Date: March 2, 2010 In recent months, the City of Alameda has been afforded many economic development opportunities such as Coogle Wireless, America Cup, Berkeley Lawrence Lab, green technologies and other business growth. In the late 90's, the City of Alameda established various community business, technology, and education consortiums to promote such business opportunities in the City of Alameda. 1. ARRA's: Alameda Education, Technology, and Business Consortium, Inc., was established in 1996. The consortium's purpose was to market the many business opportunities that were available during the Alameda Point Base Conversion process. Membership included: College of Alameda; California State university of Hayward (East Bay); University of California Berkeley; Alameda Unified School District; Economic Development Alliance For Business; East Bay Conversion and Reinvestment Commission; CalStart; AC E T; etc. 2. Alameda Chamber of Commerce's Silicon Island, was established in 1998 to promote various harbor Bay and Marina village high Tech Companies to endorse high technology business in Alameda. 3. Alameda Bureau of Electricity (AMP) designated the City of Alameda as an Electric City in 1998: Alameda's Electric City was modeled after the City of Austin, Texas' Electric City promotional project. our Electric City was used to market the City of Alameda's commitment to the use of electricity and renewable resources in our lifestyle, business and industry. It is recommended that the City of Alameda City Council pursue the establishment of a business consortium to promote, market and support the many business, educational and technology resource opportunities that the City of Alameda can provide to coordinate such efforts and to develop a policy recommendation to the City Council. Council Referral #8 -A 03 -16 -10 UNAPPROVED MINUTES OF THE SPECIAL COMMUNITY IMPROVEMENT COMMISSION (CIC) MEETING WEDNESDAY- -MARCH 3, 2010- -7:01 P.M. Actin Chair Matarrese convened the meetin at 7:23 p.m. ROLL CALL Present: Commissioners Gilmore, Tam and Actin Chair Matarrese 3. Absent: Commissioner deHaan and Chair Johnson --2. CONSENT CALENDAR Actin Chair Matarrese announced that the recommendation to autho pa [para no. 10- 1 was removed from the Consent Calendar for discussion, Commissioner Gilmore moved approval of the remainder of the Consent Calendar. Actin Chair Matarrese seconded the motion, which carried b unanimous voice vote 3. [Absent: Commissioner deHaan and Chair Johnson 2. [Ite so enacted or adopted are indicated b an asterisk precedin the para number. *10- Minutes of the Special Joint Cit Council, Alameda Reuse and. Redevelopment Authorit and Communit Improvement Commission Meetin of Februar 16, 2010. Approved. 10- Recommendation to Authorize the Pa of $4,431,444 in FY 2009-10 and $912,356 in FY 2010-11 to the State of California; 10- A) Resolution No. 10-165 "Approvin the Use of Business and Waterfront Improvement Project Low- and Moderate-income Housin Funds for the Supplemental Educational Revenue Au Fund Pa to the State of California For FY09- 10 and FY1 0-11 Adopted; and (10- B) Approve the Promissor Notes Between the Communit Improvement Commission, Business and Waterfront Improvement Pro Area L and Moderate- Income Housin Fund and the Communit Improvement Commission. Alameda Point Improvement Project Area Redevelopment Capital Projects Fund and the Communit Improvement Commission, Business and Waterfront Improvement Pro Area Redevelopment Capital Projects Fund Effectuatin the Re Loans. The Interim Executive Director g ave a brief presentation. Commissioner Tam in what would happen if one member does not vote in favor, to which the Interim Executive Director responded that the issue would have to be brou back. Special Meetin Communit Improvement Commission March 3, 2010 Commissioner Gilmore stated the funds being taken by the State would not be paid back. Commissioner Tara inquired why the city would willingly pay. The Economic Development Director responded the City does not have a choice; stated the legislation imposes the death penalty on the redevelopment agency if payment is not made; the agency would be restricted from bonding and carrying out any ne.w activity and would have to operate at 75% of administrative costs, which are typically less than 10% of annual expenses; operating at said level would prevent the agency from doing anything except making reports, preparing audits and doing aceduntin g although the state is taking money, none of the reporting requirements, which are very expensive, are being absolved. Acting chair Matarrese inquired whether non payment would lead to. staff just doing reporting, rather than making improvements, to which the Economic Development Director responded in the affirmative; stated every agency activity would be affected and there would have to be a reduction in staff; redevelopment agencies through out the State have banded together and are suing to challenge the constitutionality of the take; hopefully, the matter will be resolved before payment is due in May; however, if the case is not over, the funds have to be set aside and could not be used. Speaker Robb Ratto, Park street Business Association (PSBR). The Interim Executive Director stated money is being loaned from the housing set aside to make the payment; said money will have to be paid back; the agency. will be living pay check to pay check after payment is made; there will not be a cash fund balance; what comes in will be spent; there are no funds remaining if the state comes after the funds again; the agency cannot bond on its 80% set aside money, which is. Leveraged and committed to other projects; another State take would effectively shut. down the agency, which would only exist to pay old bills. Commissioner Tarn stated there is a perception that redevelopment takes funds away from schools; requested an explanation of how redevelopment relates to schools. The Interim Executive Director stated pass through agreements are negotiated when redevelopment agencies are formed; the City of Alameda has made all other agencies whole; the other agencies still receive the same amount that was received before the redevelopment project area was formed; the School District is made whole and is g iven an amount for housing. The Economic Development Director stated Alameda makes other agencies whole; other agencies also get 2% growth; the redevelopment agency is a local board making decisions about the needs of the community; the agency participated in Ruby Bridges School and participates in things other than the housing and capital funds that are Special Meeting Community Improvement Commission 2 March 3, 2010 passed through to the School District; schools have to be part of redevelopment; Alameda Point cannot be built without schools; great education and great economic development happen together; most construction projects in the past couple of years have been funded through stimulus or redevelopment; the projects create local jobs. Acting Chair Matarrese stated shutting the agency down would be a mistake; the City needs to be prepared to use the remaining money as best as possible and be prepared for ghat will happen at the back end for either a successor to the current redevelopment way of funding growth or be ready to follow the same pattern of administering projects. Commissioner Tara moved approval of the staff recommendation, under great and deep protest, with direction to send a letter vehemently stating so; concurred with Acting Chair Matarrese about looking for a successor; stated private public partnership will have to be reviewed; public monies are not coming in; all remaining public money will have to be leveraged. Commissioner Gilmore reluctantly seconded the motion. Under discussion, Acting Chair Matarrese stated everyone is painfully voting aye; in addition to public private partnerships, the City has to review partnerships with other public agencies within the City and look to the federal government. On the call for the question, the motion carried by unanimous voice vote 3. [Absent: Commissioner del -laan and Chair Johnson 2.] EXECUTIVE DIRECTOR COMMUNICATION (10- Civic Center Master Plan Vision Concept The Interim Executive Director gave a brief presentation; introduced representatives from Urban Community Partners and Urban Design Associates. Barry Long, Urban Design Associates, gave a Power Point presentation. Speakers: Amy George, Autobody Fine Art; Chris Buckley, Alameda Architectural Preservation Society; and Robb Ratto, PSBR. Following Ms. George's comments, Acting Chair Matarrese stated the City needs to do a better job promoting public art. Commissioner Gilmore thanked staff and the consultants for the amazing vision; stated the consultants understand the City's history, which is important for the community; that she appreciates what was said about the Carnegie building. Commissioner Tara expressed her appreciation to staff; stated the courtyard themes are very impressive; the look and feel of the vision are in keeping with Alameda; the Special Meeting Community Improvement Commission 3 March 3, 2010 struggle is how the "ideal" meets the reality, which results in compromises; dealing with private property rights is arrays a challenge; hopefully, revitalizing the Carnegie will not take 30 years, as did building the library; that she looks forward to hearing about implementation. The Interim Executive Director stated in her very first finance class related to land use, Donald Bren from the Irvine Company stated: "Vision without implementation is nothing more than a drearn;" there is no point in spending effort creating a vision that is going to sit on a shelf; the effort was framed knowing there are some immediate opportunities at the Towata building, gas station, Cargenie building and CVS, parallel with Citywide asset management; the City owns land that perhaps the City should not own and that could be used for other things; the implementation plan, which will be discussed in a month, addresses immediate steps that will generate money and allow the Cargnie to be done first; things will start within the next 15 to 18 months; Economic Development is working on obtaining small grants for the Carnegie and obtaining grants for the Fire Station, which will bring more money to the table. Acting Chair Matarrese stated that he was on the Downtown Vision Task Force ten years ago and the only accomplishment missing from said plan is doing the Civic Center; the plan can be done; the theater and parking garage were done in spite of opposition; he believes the Carnegie was a gift to the City for cultural and educational use, which can be debated later; the plan calls to be put out to the public; thanked staff and consultants for the plan; encouraged members of the public to get the word out; expressed support for the ideas presented for the gas station; stated that he likes having an identified cultural district to recognize the historic museum and art galleries and the potential of having a hotel, even if it is smaller, in the Civic Center; requested the presentation be posted on the website. AGENDA ITEMS None. ADJOURNMENT There being no further business, Acting Chair Matarrese adjourned the meeting at 8:48 p.m. Respectfully submitted, Lara weisiger Secretary The agenda for this meeting was posted in accordance with the Brown Act. Special Meeting Community Improvement Commission 4 March 3, 2010 CITY OF ALA E DA Memorandum To: Honorable Mayor and Members of the City Council Honorable Chair and Members of the Alameda Reuse and Redevelopment Authority Honorable Chair and Members of the Community Improvement Commission From: Ann Marie Gallant Interim City Manager/Interim Executive Director Date: March 16, 2010 Re: Consider SunCal's. Request for a 60-Day Tolling Period regarding the Notice of Default Issued by Alameda on February 4, 2010 BACKGROUND On July 18, 20 the Alameda Reuse and Redevelopment :Authority (ARRA), Community Improvement Commission (CIC), and City of Alameda together "Alameda approved an .Exclusive Negotiation. Agreement (ENA) with SCC Alameda :Point LLC (SunCal), for redevelopment of. Alameda .Point, approximately 918: acres of the former Naval Air Station Alameda (NAS. Alameda). Subsequent to approval of the ENA, SunCal conducted technical infrastructure and engineering analyses and held several community workshops .to inform .the preparation of their. plan for the site. Through this planning process, SunCal decided that a project consistent with. Article XXVl of the City's Charter (Measure A), which restricts ..housing density in the City, wouId not be financially feas.ible.. This decision. represented. a change. from the commitment S.unCal made to Alameda to entitle. a Leasure. A- compliant project in. their response. to Alarr eda's Request for Qualifications (RFQ) for .a Master Developer for Alameda Point dated December. 4, 2go6, which served as the basis for SunCal's selection as Master Developer. SunCal requested, and Alameda agreed, to amend the ENA by.. postponing various mandatory performance milestones (i.e., submission of a Development Concept, Infrastructure Plan, Business .Plan, and Entitlement Application, including a faster Plan) by six months. The .First Amendment to the ENA was .executed in March 2998. In October 2008, SunCal requested, and Alameda granted, a Second Amendment to the ENA to (1).transfer ownership interest in SC.C. Alameda Point LLC. to a .new entity and to (2) create a process that allowed SunCal to pursue .a ballot initiative for a non Measure A- compliant .land use entitlement at. Alameda Point. This. ballot initiative vas to occur at an election to be held in early November 200.9... T Agenda Item ##3 -A 03 -'16 40 Honorable Chair and March .1 2010 Members of the Alameda Reuse and Redevelopment Authority Page 2 of 5 Honorable Mayor and Members of the City Council Honorable Chair and Members of the Community Improvement Commission interest was required to incorporate D.E. Shaw, an investment firm located in New York, as an investment partner into a joint venture with SunCal. A joint venture with D. E. Shag was requested by SunCal in order to facilitate the continued funding of the ENA entitlement process for Alameda Point. Since October 2008, numerous SunCal development projects have experienced financial difficulties, such. as. the. Oak Knoll Laval Hospital redevelopment in Oakland, the Marblehead. Coastal project in San Clemente, and a 55,000 -acre project on the west .side of Albuquerque, New. Mexico. Many of these projects have since entered bankruptcy or become the subject of foreclosure proceedings. With regard to the ballot initiative process, the amendment provided. that if the initiative failed. at the November 2009 ballot, SunCal would be permitted to submit an optional Entitlement Application (OEA) by January 16, 2010, approximately 60 days .subsequent to the November 2009 election. This OEA would require a project consistent with the City Charter (Measure A compliant) that could be processed within the overall timefrarne of the ENA. The amendment did not provide SunCal with the ..ability to pursue a second ballot initiative, nor did= it contemplate extending the term of the ENA for processing of an OEA. In December 2008, .SunCal submitted to Alameda an. Entitlement .Application, including a Master Plan, Infrastructure. Plan .and Business .Plan, in :accordance..with the. ENA. The December 2008 Master. Plan was reviewed by. Alameda, as well as. numerous City boards and commissions, but could not be formally accepted because it .was inconsistent with the. City's Charter, and an Environmental Impact Report had not been completed. The Master Plan did not propose specific development standards for the project nor modifications to the City's development procedures, processes or fee structure. The ENA required, as a mandatory milestone, that Alameda and SunCal jointly develop a ..project pro forma by December. 1 9, 2008. Because. there. was no mutual agreement between SunCal and.. Alameda...o.n the business terms for the disposition and development of the project by that date, the project pro forma mandatory milestone was deemed waived by Alameda under the terms of the EN.A. On March 26, 2009, SunCal submitted the Alameda. Point Revitalization Initiative (Initiative) to the City. The Initiative included a. Charter Amendment, General Plan Amendment, Zoning Amendment, Specific Plan and Development Agreement (DA the details of which were not negotiated with Alameda. The Specific .Flan contained specific development standards, procedures, and processes.. that differed from. standard processes prescribed by the Alameda Municipal Code (AMC the DA also included fee waivers inconsistent with the AMC and financial .provisions that were not negotiated with nor agreed to in principle by Alameda. Signatures were collected by SunCal through g Honorable Chair and March 10, 2010 Members of the Alameda Reuse and Redevelopment Authority Page 3 of 5 Honorable Mayor and Members of the City Council Honorable Chair and Members of the Community Improvement Commission early June, but not submitted to Alameda until September 23, 2009, later than originally anticipated by the process contemplated in the Second Amendment to the ENA. As .a result, the Initiative did not qualify in time for a November 2049 special election. Rather, on November 3, 2009, the Initiative was determined to have qualified for the ballot, and the City Council set the election for February 2, 2010. Given the deadline outlined in the ENA for an OEA submittal, SunCal submitted an OEA on January 14, 2010. The OEA submitted by Suncal consists of.substantially the. same plan and processes contained in the Initiative. On February 2, 2010, the Initiative failed at the polls with 85 percent of those participating. in the election voting against the Initiative. By. letter dated February 4, 2010, Alameda prodded SunCal with a Notice..of Default (NOD) under the ENA for failure. to achieve a .mandatory milestone, the 0EA, by the applicable date in the ENA's schedule of performance (Exhib.it 1). :The OEA submitted by S does not meet the requirements of the ENA. because the. O.EA conflicts with the City Charter. The only way for the..OEA to avoid conflicting. with the City Charter is for Suncal to either Submit a .Density Bonus Application for the project in compliance ith.the City's Density.Bonus ordinance, which Suncal has not done, or to seek.an amendment to the. City Charter through a second initiative. However, the ENA affords Suncal no further opportunities to amend the City Charter. Consistent with the terms of the ENA, Su nCal has 30 b.usiness days, or not later than March 22, 20 10, to the default. This cure period is. the City's procedural ass.0 ranee of timely performance by SunC Issuance of a Notice. of Default is an administrative action, which implements the terms of the ENA. Pursuant to the. E.NA, if the default is not cured, Alameda's governing boards have the discretionary right to terminate the ENA. On February 7, 2010, Suncal issued a response to. Alameda's Notice. of Default and requested that Alameda retract the Notice of Default. Following this request.-on February 12, 2010, Suncal withdrew this request for a retraction. Since. the issuance of the NOD, staff has met with SunCal .twice; tiro. other scheduled meetings were canceled at SunCal'S request. On March V2010 Suncal requested that Alamer�a 1rnnf a RO_riax/ to inn narinrl riannrHinn fh© n (fir) (Exhibit 2)1 Qt inr' I r E %W4%.A vJI %.A1 1 %.4 W %A %.a ��+���I t►J. t i vNa t v ZI c.si %.Al L W 1 r% i.. Its 111.!f4 �L«.,. LJL.11 E i states that the additional time provided by the tolling. period would allow them to continue working with Alameda regarding future planning efforts at Alameda Point. Consideration of this "tolling" request is the only action before the governing bodies this evening. Honorable Chair and March 10, 2010 Members of the Alameda Reuse and Redevelopment Authority Page 4 of b Honorable Mayor and Members of the City Council Honorable Chair and Members of the Community Improvement Commission DISCUSSION The ENA was amended in 2008 to allow SunCal a single opportunity to submit and receive approval of a ballot initiative, and, if the initiative failed, an OEA. The initiative and/or oEA were to be processed within the term of the ENA. The ENA intentionally provided SunCal with a limited number of opportunities to pursue entitlements for the project so that if SunCal was unable to achieve the. required entitlements and associated mandatory milestones within the specified timeframe, Alameda could pursue other options. Alameda did not want to be committed beyond July 20.1 0 to a master developer that proved to be incapable of entitling the property, thus postponing 'indefinitely Alameda's ability to return NAS Alameda to productive use. SunCal has been working with Alameda for approximately. three years and.. is familiar with the City's policy and regulatory environment. As .a result, the mutually agreed upon 30 business days should be sufficient time for SunCal to prepares oEA consistent with the City Charter. If a 80 -day tolling period is .granted by Alameda, SunCal will have until May 21, 2010 to cure its default by submitting an OEA consistent. with the City Charter and Density Bonus ordinance. As a result of granting a.60-day tolling period, less than 80 days would remain before the July 20, 2010. ENA termination. ..Alarneda would be challenged to review and analyze the revised.OEA submission and .continue negotiations on a resulting DDA within this limited time period. Further, this. reduced timeframe would also make it difficult for Alameda and SunCal to meet their mutual obligations under the ENA, thus possibly anticipating a third request by SunCal for an ENA extension. Given the decisive defeat of the Initiative at the polls, SunCal's pending default under the ENA, and concerns regarding other SunCal development projects in bankruptcy or sub to foreclosure proceedings, circumstances do not presently exist under which a tolling of the cure period can be recommended. FINANCIAL IMPACT The proposed request does not modify the financial provisions contained in the ENA regarding reimbursement of staff and Alameda third -party consultant costs. Therefore, there is no fiscal impact to the City's General Fund, Community Improvement Commission, or Alameda Reuse and Redevelopment Authority budgets. Honorable Chair and March 16, 2010 Members of the Alameda Reuse and Redevelopment Authority Page 5 of 5 Honorable Mayor and Members of the City council Honorable Chair and Members of the Community Improvement Commission RECOMMENDATION Deny SunCal's request to provide a 60-day tolling period regarding the Notice of Default issued by Alameda on February 4, 2010. Exhibits: 1. Notice of Default 2. SunCal request for 60-Day Tolling Period regarding Notice of Default Cill c •gi.:. •er •F' -nY a f J -lam =i }'yf F 4, 2010 C Alameda Point LLC c/o SunCal Companies .300 Frank H. oga a Pima, Su 34 Oakland, CA .94612 Attn. Pat Keliher Re, Default Notice under the Exclusive Negotiation. A een e dated ul b and. y 8., .200 d between the Alameda f�euse and R edevelopment Au tho'ri t�. AR A f 3 the community lmprovement Commission at the it�i of Al bnd the Ic City of Alameda =`City.) collect.ively, "Ai����a and cC Alameda Poin� LLB "Suncal as amended (the "ENS Dear Mr. eliher: under Section 7. 1 .6 of he ENA: Alameda hereby provides notice �tl at Sun cal his defaulted under the ENA for fai l ure to achieve a fan ator Milest b the applicable date set forth in th Mandatory Milestone Sehedu e.o Pertorrnance. uncal failed to meet the E SA's Mandatory .Mi requiring Suncal to submit; once it has opted do so an tianal Entitlement Application. The ENA governs the negotiations betweon SunCal and Alarned a concer he Al eda Point prcjec;t (the "Project As permitted by the ENA, SunCal elected to pursue a Ballot In itiative for the Project:. That Ballot lhitiative was placed before the �ot dt he f it y 01 February 2, 2010, and did not pass. Under the ENA where SunCal has de ided t o pursue a .Ballet 1 nitiative, �i�nC is ���i�e� h p e option t o submit. .oponal Enttlerhent ippl1catln.''��.' ecton�he` su` fin. optional Entitlement Application is-a decision Jeft to S�n�al' disc'retlo� .The: ENA r`eduir`es that where. un' al as.elected.td submit.a'n. ptienal Erttit�ement.A ior ho ever, tha 0 �iona� Entitlement Application Is: a Mandatory Klestone and must be hie ed by-J an r ob (S ection 3.2. Fai lure to comply nth a Mandatory Milestone is an Event of default under the ENA. 7. .6 here, S unCal has opted to submit an Optimal Entitleme Application. u I hlade submission to the city on January 4, 2010 of two alternative entitlernent p8 ''k� e� e�lle�ti�el Submittal Y1 thu Subs ttal The cover letter accompanying the Submittal Mated that SunCal As expressly authorized by the.lCity, th ARRA end the cic t6 submit an 0pfia. Enti left t :Application' to the City for the entitlement of Alameda Paint, Develo er!s Optiartal Etlitler�it A llciar i attached." Cofer Letter to Submittal, P Bey' it pp �au�e opted to submit an Optional Entitlement Application, SunCal was required. to achi.e e the Optional Entitlement Appl;ea, n l� andatory E 1:?_63 Sa a. Cla Avenu Ro _AE.Iffl California 9-4-501 -4147 C 1 111 C1 ARKWUR; Exhibit I O A t 1 anuary 4 I 1 11. 1 .11-ver 'he rc 'r by JI bum SubmittCall does not, i, meel t �z 0 howe U emer'A_Z, C e low, u n EI r Entmement Appitat on. forthe -reasons set 4o h b h e E N A f c r Cal n 0 p-, t i o r a' 'estone, rci i n g I y u n S s not me flh,is Mand r atov Mi- S u n C a s f a ur e 1 0 me th I s Mandatoir- Milestone has tria Sunk'_',al's (J'efvault Un S a. ct i o n 7, 1.6 of the ENA. Sun-Cal shall nave fln"Ir+ da within which 'to CU r �ethis el" wt_ It S. urea I as --o -ure, Alameda Naas the r ko te rm 'n-le 'he ENA, The Submiftal is not an Optional Entitlement Application Because the Submittal C I onf I icts wfth the Cit Charter T Article XXVI d'the Alameda C-111arter (also as Measure A rnits developmen' in Alameda io Known in tmo wa Fi,-,.�'st, no m ulti-farnil housin is permitted -to be constructed n Alameda, See Alameda C_"itl (_`,",harter, Article XXVI, 26-1 26-2. The on' exceptions to this pro-nil Vii, on allow rf-,habililafion or of existin mWI i "in and replacement of sj)edfic, L remode ffiJamifliv dwell, xi i,dentiflied, Alameda Housin Authorit and senjor citizens units. Second, +he ma mum riens,"- f r esi lentia- development within Kaneda -is one housin unit per 2,000 square feed of land (a densft Of capproxit-nate1v 21. units Der acre). with the o,nl exceptions bein the replacement i Inif c, described abov -of I I e ana rep lacernent ex st n units that are dama or destro t he develoomlon-I plan n SunCal's Submittal Includes multiple dwelling units. The also 'nr,-'udes dwelihn unit,-- at a densit of more than one unit per 2,000 s feet r 2 u n HII., S P e r a- c r e 'ndeed, SunCcal's Submitta -n,-'udes land use areas with densities Of g reater than 0 units ce, Deveopment of mulfi-unit housin and develoDment w 7 pe'r ak,..- r densities exceedin 2", units P er acre, is in direct contradiction to the Cit Ch ft arter. SunCaj�s cover, let-ter acknowled this. See Cover Letter to SunCaefl SubmIttal, p,A ("The land use P lan in so de-scrit) ed in this Optionall Enfitlement Application seeks thte abilit to construct me, L thin the Alameda Point propert multiple dwellin un-,t,,-,-. at 'El, densit of more than 0 one unit per 29000 square fee,.- I land area." Su,n(%_-'.,al`IQ_. cover letter to the Submftta! Indicates two theoretical approaches that S Un C--,, Call rni ustn. to aclhieve compliance with the Charter, Speril lcal l Sun Caj Indicated, I t his ma be either throu an amendment to Articie XXVI of the C�I- Charter of the Cit of L r C>,+ I' A,amed r hr ou aDpli 1 io n of the r-'t densit n bous ordinance-" Th h us, te cove, il fter a o th c Qu th<at SunCal w iI I p u r sue i�k an amendment, Io 'he Cit Charter or applicaf on of I�he I L L -ooes not do anythina more than h Cit Densit Boinus Ordiln,wn,ce, But ffiler Submittal about how tin al rni with Alameda. law in developin the Pr 'ect, T he Submittal o doe. not comnnm to undertaking one o,r both of these two approaches for the P11-oiject, Nor does- it expiain how either of theses theonefical approaches mi be implIelmented, Secfion 3,2.5,2 of v,ie ENA re an Op nai Entitlement Application to meet the criteria of an Entitlement Applic-,<atIon, -1-hus, 0-n Optional Entitlement Application "shall include the followin (a" ar­i application for 0011 Ids d use enfillflemen and approvals It will seek from the Cit Section 3;2,5,1 SunCal's Submittal does not commit to an approach any Thus is unable to -include all ess y approv T 1,s, On 'ts, faces. the &�-kmittal ;s not an Opfional Enti "ement AiDpIcation within ne,(;ara 'Fhe meamn of t-he EENA,, The Submittal is Not an Optional Entitlement Application Because SunCal Does Not and Cannot Compl with Cit Densit Bonus Ordinance Sunkr_],al's Submittal ontains No lication for a. Density Bonus AI'71`82(),1911 ;5- A +J C I i --e considered an Optional fEn"flement t-tS provi(J'ea dabove, in o,,rdle. the 1) 1 S j m "Ital t o IL) lication will se-ek _�lon it m irludc-, "'an capph "or afl use- entit' L n d a pps 'Apph f--ti US 'L c i I e m e nt s t ma z, to apply the T o h e xt e n t a4f a u n a I seeks, as s taited Hn, its C',ove.r 11 Y f -he ProjeM. SunCal re-quiras spey-ifi,-, ap-wovalls V d-nance +r,) T Denzs'+ Bonus- Y C fil and failed to aapodv fol thhose approvals in th.- r" ut b mit I I er S �f w 4 The Cito, D y Bio,,nus 0rdinanC­.*eI_-1, adopLed as U.t Ordinance No. 3012 cn Decerriber 2, -wt -merous sped, ic r e a 'ecs tha se I LS L 2009 ("Ordinance"). se n U prements for pro kJI Uz� L K irece eive these is the requirement that an .cl.oncessie,D)nss o,r walivers under the Orchn ante, irs r-t amon. a P 11, C--, a n t s u b m 1 t ra, Density 800-mu-S.- Application, (Ordinance 30-17,d,a) No- onl has Sun"al not tilize the C`IIftv's Densitv Bonus. belcause the 1 Iv a P PI e f to r t h re a r= it would need to u provals Subrnlittal nc ude no DeInIsIt Bonus Application, Sun%C-'#a-l's Sub:mlssion cioes not contain*0-1,e, t t::;L.I'ic Infol,'r-nat'on Ire in a Denle-sit Bonus Ap-pli-Cation, Per' maps rnore si Den-s-t Bonus Ordinance re that. an applicant i pro -hat comp'ies with existin g eneral P lan and "base" t t Densit Bonus must, irst Dresent a pr zonin reC Vie= r1,tQ., (Or din A"base" -ectwo 'S fLIIIIV uICI be one that c =o r n, r, 1 gi ant w t h 'I'Lln e C 1, IL y's C=]: ha r t, e r 0a. n d spedfically, with *he provis'ons of Measwre A. c:or' iminar Develor-ment C.,lept PDC") p r Plxample, Alamleda's Pre dam` -Veld meet of ovi C1 for the d "n unit t consistent with Measur A- He,re, the 1,735 new units, a-t Clensiti "d dwell, UZ 01, Submittal, does not contain a "base" project development plan, -and signillicanfl exceedst'he dens-It P ef"mitted b MeaSLAre A, For examp,CD, flhle DC pro a Measure A- L I -ts, contains a lar g re-ter .-Fornplifoan't "base" of 1 73.5 units, wh6re the SUbmiftall t 4,83" ­n I U I nui-nber of units, he Submittal altso other required features of a Densit Bonus Applicattion, includin a 7 it n i Pro description providin affordable housin ti counts (Ordinan e 30- 4,b,21: descrillpflor, of what specific concessions or mcanfives SunCa would request from the Cit as 'be- in Ordinance 30-17=10); and Justifications foir wh conces i f increased dens,"t to aescr, a sions o the Rro woull be necessar y to pro ide for affordable housin cost (Ordinance 30-1'17,4,b6 10 V, The Masfinr Plan cattlached -as nart of the Submittal states. onl that "When ar apiplicant, seeks a T h de,n's.it ins for a hoiUsin developmen' within he 'Plan Area, the Citv seal, provide T li appcants with incen'ttivue-s-1, or t�cFncessions for D roduct'lon of housin units and echild care f aik-_-.21 l ifies as descrbed in Governmel-1--nt. XCJ"ode section 65915," �Submifttal A-ttachment "Ir, Alameda I-n, P -9 rdloes no Port Mash -Nr Ra -15" -h t meet the reQuirements of the De tv Bonuc- 0 r d i nEt n Tlle; Submiftal alsol'a"I'led to include an Affordable Hosin Unit Plan, another re element 4 1 7 1,-- 0; a Dens Bonus- Application, (Ordinance 30-1 An Affordable Housin Plan is re 0 Include. ,for the dwellin unit's re to be made available at specific 1.evels of affol-daOilit I it �nformation about, the Affordable Housin Units includin un.., r Affordable Units"' 1 specill.", I location- t a nti sze -1' plans tar income levels: phasin Nans, marketin pla r. ns, and a finan,cial pro fof ma E-ven had Sun(_�Ial S-1-Librnitted a Den 4 Bonus AppIRCation with all re elements. se(-,wein r r the 'Densit Bonus Unit's," Is awa ded under fl e Dersit Bonus Ordinance C' u s u n i th 11� S11 K5, s it ich SunCal has demon's that W.11 be proje-ct adh- to man spec'fic rules, none ofwrll LI 0_1 /A H aye to a nere 'to, m Units. must be conS,�In inted concurrentl with miarket-rate units and Ith comparable infraStrLIC "loir des CI -ItUre, construiction qualit ancl exten and musl- be 4 (o r 'n thn- A' t ithin the Droect" statement appearina lameda. Poin, w U, idinance30--17,8.) The L 'that "Now afflordable housinq i.,einits s' o 0 rr 1_5 D tmun4 Pl ain attached Lo +he u' mitW U i a be 0 P� ol disperse "I., h ro u b C� U L L sk.j la, 10 oul- he P hases of -ieveloprnent and'�ATfordable housin t t A, Ainaler-4- Uons1rur*' i -'In "he nvera�_ -danti-- sh, 3 e, H res hr- cons4mcin I S c ha s coor M., a ".Mon pe U37 Q1 U L U fSubnniftcai Altachment, ",P', Alameda Point Community R an, p.1,S do not, pp r o v -de anv i )is requirement, 1_11 %_41 9th fl W nf o r m -0 't i o n as to hu un al wo.1d com- W w iton- al- p r S I e re to be the sub ieu?n n ac� di. -Je kllt h'ch De-sit Bonus Unifis ire g ranted ar 01 an AffordJa' "a Housina 'Unit A (Ordinance '00-17,16," Additional cond'fions alre' S, n g Un, lh4n Affordabie UnIlts are requ red for -�'he Afforriab"C' 1 Houcs, it A whe!,e t i (Or 'inance 30-17, GH 9 and whera. the Affor 'able Units are for rent 'Ordinanre 30-17,18), -The th s reaullrement, e y Submittalconta0s no information as -";o how SunCal would compi w. t h I ther. S u n a 1 r1a's. faillecl to show -in its Submittall a suf-ficient application nor the approvals tha"L would be re(-,,.,,LJ1red under the De Boinit-Is Ordinance. J 2. Even, Wefe SUnCal VC) Submit a Densit it Bonus The Cit T 2 Y Density c Bonus Ordinance ireauires submitta' of a development p'an illustrafin the aH ral plan and zonina- Oevelo pment standards HnaT 15, 'ba.se pro meel.s existin g ene. I cft n Ser-fion B I hit ompliance with Measure A, See Ordinance 30-17.4,b, 1 ed wrl, 11-h i nchudeS .13 1L above, the Proiect. as presented in SUnCal's Submittal doe-,-- no compl with Mensure A, T d o ns 'he Submitta the Thi.is, even 11' S-UnCalwere to submit a Densill Bonus Application basec, E PM would noT be elfi for 0- Densit Bonus, There are numerous aspects of, the Submittmll w t I h ch do nc)t compl with MeasUre A, For example, -the Submittal tc-ontemplates very hi 7 ."Jer­lzsd development at levels of up to 40, 50 and 0 und-s per arCre= (Subm'41,al, Aftcachment it to approatly 21 Alameda Point Specific Pan, P ,7-4 Measure As however, limits dens x e C rE units per acre, as des- 6bed above. T he high dc.:Msit units provided for in the Submittal appear i T t repr a si 'on of the Pr )iect Elsewhere, the Subrn'flal contem0ates mu"t' ese t Dorfi Tamfl v housin if I cal, f i5ve of its residential land use Cate (Preservation Mixec Use, M-.Xc.a Residential Medium. Residential, Medium Hi g in, and Residc,,Dntial Hia ult Aarnily Use, _h and m h f housin appears to rlel pre slent. a si portion of, the Pro Id. at, -17-5 AC�ordin a Measure A-compliant base plan, there can be no Densit Bonus, C,. The Submilftal is Not an Optional Entitlement Application Because SunCal is Not Seekin to Amend the Charter in Accordance with the ENA O t �,,ornpl Wth the The NA dies permit an Oplionall E_�ntftlernent Application :that dote-(s not C1, C't Chr-�rter RatrO'. th-, PNA Provi es fhal it and onl "'t' tiv t o Balof Inifiae is successful, an rl Optional E"Entitlemem Awlication ma be. rub le containin only the approvals wl�d to perm r1opmant of the Proiect consisteni with The Ballot In-tia-` entiflemeMs necessar deve L i Live. I I I 1 11, fV I (Section 3,2,52 If fl",in", a o+ 'ni-iatkyc ,Yvas not successful, the Optiona' "-ntflernent Amilcation -he Cit Chartt;:lr, requ to be compieta and thuis t I wa. in compliance with This structure s lufly consistent with the RFQ process, the Initial ENA, and the ENA wish Alameda Po'nt Batas acktl-o'4s Kn o s nvo'vement -iendmeint.- As y OU w, SunC E I an i d e b IL Response to the RF for a Master Developer for Alameda Point, dated December 4, 2006 ,Y,,PaFQ Response," The RFQ Response emphasized the or once of developin a P ro j ect in 'he str,-4 developmeM an Ards imposed kb the citizens of Algae ,a' nl�-O-rdance wl L I a "These stanlords are desi to preserve the histor of NAS Alameda ra.And man existin structures: I e dens Y pr e evn ber of units �mr.,' th 'itu of deve..looment, e affordable N Vie num ld the s�alutor redevei nt, and P �,ornote mass-transit and -l-ransit ori be 2 all i opmert req.1-flreme I-- I ented 9 r R _n n t, al vhile maintain,rif', revenue n e- u a It y for th"ce Cit y R F Q R es I develcp, e C111, 'othil em ph added'I Sun (Cal`g.; R F:Q Response States n plain te,�ms SunCao's? P lan would T 'r d"Jocument ant-1 obiectivetS. containe-1 In the PDC ancl o4ther P o" mec��j i a of h e p o V 9 0 i H P I Y QA 0 C, s In Ci o b i e-� �k: t i v e- s c Co, a' d H con"dent 'the-1 P oll-C t ined n ana 'Ehat S-ugncal- was -T 10 N L DC w` be Succe-.-ssfullv mne+,- R'Q ResponZSE-,1, p. 8, in o=.Ihe,r wolr%als, Sunal's in-fia comm�'trnen! to the 'evaloc; in accordanne wi Pro was a comm tment to a k_1 ith Measure A, As Vne be-tween the Cit and SunCcal p essu-ed, th ENA was am de to 11rjw I -eve1r app"natw -'haJ was no-, --=dance with Measura, SU a- )-ton to suibmi4l a A, SO.EedHIC-aliv. zS-unCal was perrn.101.1ruld -to put a Ballot Initiative, beffore the voters o� A'-mach. 5 A S 1-11 ilwr tion woul (S-Section 3-2,5 it was expe,--ted 1--, all tha4 -n elec-1 'd be hello' in Nov 2WJs the embe, o +1 Opt,"'oncal .1-Entifle -nen-t Application waS al fif-ipate 'a e so trIat should the Ball Initia"tive fail, Sugn,Cai could they OUbrmt a MeasUre A-corivliant plar, b Januar -15, 2010 fi i o r (Se,)�G-lon 32__5, '2')j, TF'ne e11e1.,_,,tA,on. was actuall heid n 'eb,'uary 2, 2010 and the Ballot inifialive, W H i I.."'ch Contained an amendment to th'a (D-harter, wa,,---, re Oy the voters, The January 1 r� Y �z eleCted to sul n 20 -11 0 ddea -0-11,1 ne.- 1, e-, ri- ined i)lace, h,oweve r., a; 3d when S., nCa 1 bm�', an C1 1 u i r 'Ic be, in coirriplia ncel- with the C1 I,_,,har4te, n-t-fle-meint AppliccaFtion, the ENA ireq, L L S u n u a i's JE-1 n u a ry 14_ 2010 Submirue--i'll, is not in comDlianl-e it 'he C n, rty Charter. he Su.".m-tta. e he app l. cafion irchudiln<z item P, ""-"harter i, o IL e t "L e 's I in o f t he c o n t en t -1,4,1 0 1 t I I Amendmen., n hie "PuMose of Submittal" column -,t-,,Iross-re�lle,�,-ent--Ies Sec-'on 3 of the U'overr Letiter, This seon a(.*now1ed,,aes that e Submittal, IS not in complian,'C",e with thta Cit Char'Ler. t er throu 'r- 11 o f atinC',1 11that the land ..Ise pla n ma y ach�eved ei Lh 3 an amend mient to Artich-1. V U f­"h---rte_- o-' 'he IfDitv of Alameda o, fl rou ap-nlication of the C.Ir densit bonus T over fhe Subft-lt-' is not an Ootional Entitlement e." Subm'tlal C etter Thus, Ll I L_ Rk kld ordinan P A k ,lication, Aaain, Sun Cal has fa"Ied To meet iffie Mandw L or Milestone of submitting an Ca 41 .1 OpLioinal- Entiflement A _icati on on or before Januafr -1 5. 201 O� 1-heul, I T L Wshes hurthe- r'-,ote t1hat SunCtal had one roule to submit a non-Measure A-compliant e I no -no dve pme apr lont )'i d '4 hi been unsuccessfu,, it appears SunC licaltion, an d, a al mav w be seek! I QOE)S '­'ot 'nclu Submittal -n 'D uk-, bed ive th ofher option, another ele^-I'on, Agz rlasc,, arx) t; cle an d a^T p,rovi,f'_�.,ion,s flor a Cha,,-t�elr an-�,,,endment, it a. peas SunCal is contemplatin a future Chartinr Uh a bal' I. e to be placed b ffie vo+e��-�-- of amenuarne.11L lc)erhaos in-ticated thro g lo, measu; efo re iD ndmenk TO f I Ns ma be ac ievil--.d e it h Alameda V some hill-ure ellection, I h throu an amc--, a -ro the R Chartor o"he y of Alameda Subm'fta'Cover Article XXV1 of tke C-11, ettter, r,,4 seeKS yet an H ier teltr,,cltion on a non-Measure A comr)1ia1,-,,t pro t-� x t e nt S u n C ca, 1 1) j ect, such fu her electnon is impl not permitteo under the terms of 'he ENA, �he �,�it of Alamedo- .1-tla-,S, st ri c t drZ-Welopment, standanlis P ertc-Ounin g to clevelo 'pment densi Y t CIS evidenced b Article XXVI 0.4, the (`.;hairtelr and as acknowled b Sun Call in its RFQ Response, 'I hte E-_NA was clacar in -its tlegern s that Sun Cal had one and onl one ay 'n whi., to amendment, and onl c-ne o4 those was a n lopmem plan rel on a C-mal Ln present, a devel uni't to, P ,-esent a Dian 011rectl 'to thle voters of Alameda, SunCca, O IR I hc,-,Zs har' iis cl E 'L.,hpince at the baliot box on Feb,rual­ 2, 2011j and wCas not suclk.C�SSTUL SunC..a! ma net rel on a-n u t- u �r e r el,e.c,-'-Llor--,I to extend the ENA, whiCh P.,xp fres on its to on Ju 20, 20 -1 0 NMERMOM ri L I 'eve U Entill"lement Application, -U ereby rey"g-birin nCa' ac h; '+rw� to s, �brrnil an Optional L IL Ca' onieH i o n M -'ectone by January I 5� 201 How ,-h t5 e nn e n A olp a I e Optional E_ n dator M il ever, q Z,-,u.nk...al',s bmILILa! Hoes nf,,)-! �hkllfill "the re of am Optional D-fi lemen Ap, tion un,, er" j T I I 1 0 4 a I I t i 71a?- 9 U e E N A, Th e "C" i y 's C a er a n d h a E N A tto g et- h e r e q u i e e 't, h er r -S' i 1) m, s s, o n o n M a air omph'a t en n c-; -<nb Ire A- A N. plem tham h i Y L Ir submiss, a b Dproved bv the C t w" S Vo e r S g -in cil a MeaSU -,bv 91'e-aulfin,-- C-.Omp"Hant O En �flement A SunCC-11 hals, provI(Jed neithe,r them dor-cz not cure this atory Mill I the ENA fol- fa-Ina lo comp� with a Mand estone. SunCal Under CIL e N A. defcalult wlthiM thirIv Alameda w.111 have 11he �r'! to S'incerel Ann M riiel Gallant 1 n L e i IrrikO.; y MaIna Copies as provided in ENA: CC Alamnda S SunCal ComiDan�es 2392 Morse Ave orn'a 926 14 1. ine, Cali, T' Attention� Marc Ma C SC C Alameda Po.nt'LL c/o Sun Cal Compan�&,-- 2392 Morse Ave Irvine, Ualiflornia. 92614 Atftenfiom Bruce Cook Cow Land Ven Ure, U C t L c/o D, E- Shaw Co,, L C 120 West 45th Street 9t Floor A h I ower 45 New Yo. k; New 'V.o,k 1 00ke]16 Attle n't'lon f%-',,-hiel P Off ire, I 1 1' 1W Courtes copies-, Alameda Cit. Counubill Alc-,'I reed a CJ't' Hcall 22-_63 Santa Clara Aveni-I)e Alameda, kr-";A 95401 SCU Alameda Por'nt o Suntil Co-mDaniesz 300 Frank H, O Raza, E:�0 "A2 Oakland,'CA 9461.2 A+Ltn-. Am Frellile,'-Ih A." z. SCC Alameda Point, LLC 300 Frank H. Ogawa, Suite 342 Oakland, CA 94612 510.251.0711 March 9, 2010 Mayor Beverly Johnson Alameda City Council City of Alameda 2263 Santa Mara Avenue Alameda, CA 94501-4477 Re: Alameda Point Dear Mayor and City Councilmernbers: SCC Alameda Point, LLC respectfully requests that the City, together with the CIC and ARRA, provide a 60 -day tolling period regarding the notice of default issued by the City on February 4, 2010. We are requesting this additional time in order to continue our dialogue regarding future planning efforts at Alameda Point, We remain confident that if we are provided the opportunity to do so, we can work with Alameda to implement a development plan that wHI achieve the goals of the City and community. Exhibit 2 to Agenda item ##3 .A 03 =16ml0